1907873 (Migration)

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

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically clause 500.211 of the Migration Regulations, which requires the applicant to be enrolled in a full-time registered course of study at the time of the Tribunal's decision. The applicant did not claim to meet any alternative criteria.

The Tribunal noted that the applicant's representative had advised that the applicant was not currently enrolled in a registered course of study and intended to seek ministerial intervention. The Tribunal issued a section 359A letter to this effect, informing the applicant that this information was relevant and could lead to the affirmation of the decision under review. The applicant's representative subsequently confirmed that the applicant was no longer studying and requested a decision on the papers without a hearing, reiterating the intention to seek ministerial consideration. The Tribunal found that the applicant did not meet the criteria for the visa.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.