Wang (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, reviewed by the Administrative Appeals Tribunal. The applicant sought review of a decision to refuse to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a registered course of study at the time of the decision.

The Tribunal considered evidence that a check of the Provider Registration and International Student Management System (PRISMS) indicated the applicant did not hold a current Confirmation of Enrolment in a course of study. The Tribunal had invited the applicant to comment on this information, which was identified as potentially being the reason for affirming the decision. As the applicant did not appear to meet the enrolment requirement, and did not claim to meet alternative criteria or the criteria for a Subclass 590 visa, the Tribunal found that the criteria for the grant of the visa were not met.

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