WENG (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant failed to provide requested information, leading to the delegate's conclusion that the genuine temporary entrant criterion was not met. The Tribunal was required to determine whether the applicant satisfied the criteria for the grant of the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant be enrolled in a course of study at the time of the decision. The Tribunal considered the applicant's initial submission of a Confirmation of Enrolment (COE) for various English language and vocational courses. However, given the significant time lapse since the initial application and the lack of updated information, the Tribunal found that the original COE did not provide a reasonable basis to conclude the applicant was currently enrolled.

The Tribunal reasoned that in the absence of any updated information, several scenarios were possible, including completion of the proposed courses, progression to other studies, or no current enrolment at all. As the applicant had not provided any recent or cogent evidence of current enrolment in a registered full-time course of study, the Tribunal could not be satisfied that the criteria under clause 500.211 were met. Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.