ZHANG (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister to refuse a Subclass 500 (Student) visa. The applicant, a citizen of China, had been in Australia on various bridging and student visas since 2009. The delegate's decision was based on the applicant's failure to provide evidence of current enrolment in a course of study within the specified timeframe.

The Tribunal was required to determine whether the applicant satisfied the primary criteria for a Subclass 500 (Student) visa, specifically cl.500.211 of the Regulations. This clause mandates that an applicant must be enrolled in a course of study, or meet alternative criteria relating to thesis marking, or be a Foreign Affairs student with ministerial support. The definition of "course of study" under cl.500.111 requires a "full-time registered course."

The Tribunal found that the applicant did not satisfy cl.500.211(a) as he was not enrolled in a course of study at the time of the decision. While the applicant had a letter of offer for a course, he had not enrolled in it. He also did not claim to meet the alternative criteria under cl.500.211. The Tribunal noted the applicant's oral evidence that he wished to apply for a Skilled 190 Visa to remain in Australia and work as a Registered Nurse.

Consequently, the Tribunal affirmed the delegate's decision to refuse the Subclass 500 (Student) visa. However, the Tribunal supported the applicant's request for referral to the Minister to consider intervention, allowing him to lodge an application for a 190 Visa.