Abbas (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to have the Tribunal affirm the decision under review, which had refused the visa on the grounds that the genuine temporary entrant criterion was not met. The Tribunal was required to determine whether the applicant satisfied the criteria for the grant of a Subclass 500 visa, specifically whether the applicant was currently enrolled in a registered course of study.

The Tribunal considered clause 500.211 of Schedule 2 to the Regulations, which requires that at the time of the decision, the applicant is enrolled in a course of study. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The applicant provided no information or confirmation of current enrolment to the Tribunal. While the delegate's decision noted the applicant's enrolment in a Certificate IV in Commercial Cookery and a Diploma of Hospitality, the Confirmation of Enrolment documents referenced in the applicant's visa application were not present in the Department's file, nor were they mentioned in the delegate's decision.

Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, meaning clause 500.211 was not met. As the primary applicant's visa criteria were not satisfied, the application of any secondary applicant also failed. The Tribunal affirmed the decision not to grant the Student (Temporary) (Class TU) visas to the applicants.