Yeung (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of an applicant seeking review of decisions not to grant them a Subclass 500 (Student) visa. The core of the dispute revolved around the applicant's eligibility for the visa, specifically concerning their enrolment in a registered course of study.

The Tribunal was required to determine whether the applicant met the primary criteria for a Subclass 500 visa, with a particular focus on the requirement of being enrolled in a registered course of study as stipulated by clause 500.211 of the Regulations. The Tribunal also had to consider whether it was appropriate to postpone its determination to seek further information from the applicant, given their lack of response.

The Tribunal reasoned that enrolment in a registered course is a fundamental prerequisite for the grant of a student visa, and all other primary criteria are contingent upon this initial requirement being met. Evidence from the Provider Registration and International Student Management System (PRISMS) indicated that the applicant's enrolments had either concluded or been cancelled. Despite being notified of this information and invited to respond, the applicant failed to provide any evidence of current enrolment or complete a requested questionnaire. Consequently, the Tribunal concluded that the applicant had not satisfied the enrolment criterion, and therefore, the criteria for the visa were not met.

The Tribunal affirmed the decisions not to grant the applicant a Subclass 500 (Student) visa.