YEE (Migration)

This matter concerned an appeal by an applicant, a 31-year-old Malaysian citizen, against the decision of the Tribunal to affirm the refusal of her Student (Temporary) (Class TU) visa, subclass 500 (Student). The applicant had arrived in Australia in April 2016.

The primary legal issue before the court was whether the applicant met the criteria for a Subclass 500 visa, specifically the requirement to be enrolled in a registered course of study. The court was required to determine if the evidence presented by the applicant satisfied this essential criterion, which is a prerequisite for considering other primary criteria for the visa.

The court reasoned that the criterion of enrolment in a registered course of study, as stipulated in clause 500.211 of the Regulations, is fundamental to the grant of a student visa. The applicant's response to a section 359(2) letter indicated she was not currently enrolled in a registered course of study. While she claimed to be "studying now" for an Advanced Diploma of Business, the confirmation of enrolment provided for this course had an end date of 23 May 2020. Crucially, the applicant provided no evidence of any future enrolments after this date, nor any other corroborating documentation demonstrating current enrolment. The court found that absent evidence of current enrolment, the primary criteria for the visa were not met.

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