YANG (Migration)

This matter concerned an appeal by the applicant against the Administrative Appeals Tribunal's decision to affirm the refusal of a Subclass 500 (Student) visa. The applicant sought to remain in Australia to undertake a course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the requirement under clause 500.211 of the Migration Regulations 1994 that the applicant be enrolled in a registered course of study at the time of the decision. The Tribunal also considered the implications of Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion for student visa applications.

The Tribunal reasoned that a fundamental requirement for a student visa is continuous enrolment in a registered course of study. Evidence before the Tribunal, including the applicant's own response to the visa application and a Provider Registration and International Student Management System (PRISMS) search, indicated that the applicant's enrolment in a Diploma of Project Management had been cancelled due to non-payment of fees. The Tribunal found no cogent evidence that the applicant was currently enrolled in a course of study, and therefore, the primary criteria for the visa could not be met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.