TREEPECHSAMAKOON (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The applicant's claim for a Student (Temporary) (Class TU) visa was the subject of the review.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically whether the applicant was enrolled in a registered course of study at the time of the decision, as required by clause 500.211 of the Migration Regulations 1994. The Tribunal was also required to determine if the applicant had provided sufficient evidence of such enrolment.

The Tribunal reasoned that clause 500.211 of the Migration Regulations 1994 mandates that an applicant for a Subclass 500 visa must be enrolled in a full-time registered course of study at the time of the decision. The applicant was invited to provide a Certificate of Enrolment (COE) or other evidence of enrolment, but failed to do so. During the hearing, the applicant acknowledged not being enrolled and understood that enrolment was a prerequisite for visa grant. As no evidence of enrolment was provided post-hearing, the Tribunal was not satisfied that this essential criterion was met.

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