Yates (Migration)

This matter concerned an application for review of a decision to refuse a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The applicant sought review of the refusal decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 visa, specifically whether the applicant was enrolled in an approved course of study at the time of the decision. The relevant regulation, cl.500.211, requires an applicant to be enrolled in a course of study, defined as a "full-time registered course," at the time of the decision.

The Tribunal noted that the applicant had been invited to a hearing and requested to provide a Certificate of Enrolment or other evidence of current enrolment. The applicant failed to respond to this invitation, did not attend the hearing, and did not provide the requested documentation. Subsequently, the Tribunal provided the applicant with an opportunity to comment on information indicating that their enrolment in a Diploma of Business Administration and Advanced Diploma of Business had been cancelled according to Provider Registration and International Student Management System (PRISMS) records, and that there was no evidence of enrolment in any other approved course. The applicant did not respond to this further communication.

Given the lack of evidence of current enrolment in a registered course of study, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 visa. Accordingly, the Tribunal affirmed the decision not to grant the visa.