1710148 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a Subclass 500 visa at the time of the Tribunal's decision, as stipulated by clause 500.211 of Schedule 2 to the Regulations. This clause requires an applicant to be enrolled in a full-time registered course of study.

The Tribunal considered evidence from the Department's PRISMS records, which indicated the applicant was not currently enrolled in a course of study and had ceased study in December 2017. The applicant also confirmed at the hearing that he was not enrolled in a course of study. While a letter was provided indicating successful completion of a previous course, the Tribunal was not satisfied, on the evidence before it, that the applicant was enrolled in a course of study at the time of the decision. Consequently, clause 500.211 was not met.

As the applicant did not claim to meet any alternative criteria for the Subclass 500 visa, nor did they claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the visa.