Yu (Migration)

The Administrative Appeals Tribunal considered an application for review by a student visa applicant concerning the refusal of a Subclass 500 (Student) visa. The applicant sought to remain in Australia as a student.

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. The Tribunal also considered whether the applicant had been afforded a fair opportunity to provide necessary information.

The Tribunal found that it did not have before it evidence demonstrating that the applicant was presently enrolled in a course of study, a mandatory criterion under clause 500.211(a). Without this evidence, the Tribunal was not satisfied that the applicant met the visa requirements. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.