ALADWANI (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 primary criteria for this visa, specifically concerning their enrolment in a course of study at the time of the decision.

The 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 was also required to determine if the applicant met any alternative criteria, which they did not claim to do.

The Tribunal reasoned that clause 500.211 mandates enrolment in a full-time registered course. A "registered course" is defined by reference to the Education Services for Overseas Students Act 2000. The Tribunal found that there was insufficient evidence before it to establish that the applicant was currently enrolled in such a course at the time of the decision. Consequently, the Tribunal concluded that clause 500.211 was not met. As this was a primary criterion for the visa, and the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the Subclass 500 visa.