Tju (Migration)

The Administrative Appeals Tribunal reviewed a decision not to grant a Subclass 500 (Student) visa to the applicant. The primary dispute concerned whether the applicant satisfied the criteria for the visa, specifically the requirement of being enrolled in a registered course of study at the time of the decision.

The Tribunal was required to determine if the applicant met the criteria set out in clause 500.211 of Schedule 2 to the Regulations, which mandates enrolment in a full-time registered course of study. The Tribunal also considered whether it could proceed to make a decision without the applicant's attendance at a scheduled hearing, pursuant to section 362B of the Migration Act 1958 (Cth).

The Tribunal reasoned that the applicant had not provided evidence of current enrolment in a registered course of study. In a response to a request for information, the applicant stated he did not have a current Confirmation of Enrolment and provided details of past completed courses, the most recent of which concluded in April 2019. Furthermore, the Tribunal found that the applicant had been properly notified of a hearing and had failed to attend or respond to attempts to contact him, justifying the decision to proceed without further action under section 362B of the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the applicant failed to satisfy the essential criteria for the visa.