Zhao (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of an applicant, a 28-year-old citizen of China, who sought review of a decision not to grant a Subclass 500 (Student) visa. The applicant had requested that the decision be made "on the papers" and did not provide any additional documentation to the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the threshold criteria for a Subclass 500 (Student) visa, specifically concerning genuine access to funds and enrolment in a registered course of study. The Tribunal was required to determine if the applicant had satisfied the requirements of Schedule 2 to the Regulations, including clauses 500.211 and 500.214.

The Tribunal reasoned that the applicant had failed to provide any evidence demonstrating genuine access to sufficient funds, as required by subclause 500.214(1) and (2). Furthermore, the Tribunal found that the applicant had not satisfied clause 500.211, which mandates enrolment in a full-time registered course of study at the time of the decision. As the applicant had not provided a current Confirmation of Enrolment or other evidence of such enrolment, the Tribunal was not satisfied that this criterion was met.

Consequently, the Tribunal concluded that the applicant had not met the essential criteria for the grant of a Subclass 500 (Student) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the Tribunal affirmed the original decision not to grant the visa.