ABBAS (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 student visa at the time of the Tribunal's decision, specifically 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 electronic records, which indicated the applicant was not currently enrolled in a course of study. The applicant's provided Confirmation of Enrolment (COE) was dated November 2017 and evidence showed this enrolment had been cancelled. The applicant also confirmed he was not currently enrolled in a registered course. Applying clause 500.211, the Tribunal found that the applicant was not enrolled in a course of study at the time of the decision, and therefore the criteria for the visa were not met.

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