WEE (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to have the decision of the Department of Home Affairs, which refused the visa, set aside. The Administrative Appeals Tribunal (the Tribunal) was tasked with determining whether the applicant met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant was enrolled in an approved course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must be enrolled in a "full-time registered course" at the time of the decision. The applicant did not contend that he met any alternative criteria.

The Tribunal considered evidence including Confirmation of Enrolment (COE) documents for a General English course and a Diploma of Leadership and Management. However, these COEs appeared to be outdated, and records from the Provider Registration and International Student Management System (PRISMS) indicated that the enrolments had been cancelled for non-commencement. Despite the applicant's claims of studying English and intending to commence the diploma, he admitted he had not started the diploma course and had not been issued new COEs. The Tribunal was informed by PRISMS that the applicant was not currently enrolled in a course of study, a fact put to the applicant under section 359AA of the Migration Act 1958.

Based on the evidence, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa, specifically the requirement of being enrolled in an approved course of study. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision under review.