Yeoh (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant the visa. The Tribunal affirmed the original decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a course of study at the time of the decision. The Tribunal also considered whether the applicant was a genuine applicant for entry and stay as a student.

The Tribunal found that the applicant had provided evidence of previous enrolment in four English as a Second Language (EAL) courses at Certificate levels 1 through 4. However, all of these Certificates of Enrolment (COEs) had either expired or been cancelled by the education provider. The applicant failed to provide any evidence of current enrolment in a registered course of study, nor did they provide any information about future study plans in Australia. Despite being requested by the Tribunal to provide information regarding their current course of study, the applicant did not respond. The Tribunal concluded that, in the absence of evidence of current enrolment or a genuine intention to study, the applicant had not met the criteria for the visa.