Adair (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the enrolment requirements for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision.

The Tribunal reasoned that the applicant had not provided evidence of enrolment in a registered course of study. While the applicant presented a history of difficulties in obtaining a Certificate of Enrolment due to issues with tuition fee payments and university processes, and indicated a current offer from Curtin University pending fund transfer, these circumstances did not satisfy the regulatory requirement. The Tribunal noted that the applicant was unsure of the timeline for the fund transfer and subsequent enrolment. Consequently, the Tribunal found that the applicant had not met the criteria for the visa.

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