Tong (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Tong, a Chinese citizen seeking review of a decision not to grant him a Subclass 500 (Student) visa. The dispute centred on whether Mr. Tong met the primary criteria for this visa, specifically the requirement of being enrolled in a registered course of study.

The primary legal issue before the Tribunal was whether Mr. Tong was currently enrolled in a registered course of study, as mandated by the Migration Regulations 1994 (Cth) and the Migration Act 1958 (Cth). The Tribunal was required to determine if the evidence presented satisfied this crucial criterion, which is a prerequisite for considering other primary criteria for a student visa.

The Tribunal reasoned that a current Confirmation of Enrolment (CoE) demonstrating active enrolment in a registered course is fundamental to a student visa application. Despite the applicant having previously provided a CoE for an Advanced Diploma of Leadership and Management, the evidence before the Tribunal, including the applicant's responses to requests for information and the incomplete questionnaire, did not establish current enrolment. The Tribunal noted that the questionnaire explicitly stated that a lack of current enrolment could lead to the affirmation of a decision.

Consequently, the Tribunal found that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for any other visa class, the Tribunal affirmed the decision not to grant the visa.