WANG (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 central dispute revolved around whether the applicant met the criterion of being enrolled in an approved course of study at the time of the decision.

The legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered to provide such courses to overseas students.

The Tribunal noted that at the hearing on 1 August 2018, the applicant presented a Confirmation of Enrolment (COE) for a Diploma of Business Administration commencing on 9 July 2018. However, subsequent information from the Provider Registration and International Student Management System (PRISMS) indicated that this enrolment had been cancelled. The Tribunal provided the applicant with an opportunity to comment on this information, highlighting that PRISMS records showed her last completed course was English, finishing in March 2017. As the applicant did not demonstrate current enrolment in a registered course of study, the Tribunal found that the criteria for the visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.