Ali (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), 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 satisfied the criteria for the visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a course of study at the time of the decision. A "course of study" was defined as a "full-time registered course," with "registered course" referring to a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that there was no evidence before it demonstrating the applicant's current enrolment in a course of study. Consequently, the Tribunal was not satisfied that clause 500.211 had been met. As this was a primary criterion for the visa, and the applicant did not claim to meet alternative criteria or criteria for a different visa subclass, the Tribunal concluded that the criteria for the grant of the subclass 500 visa were not met.

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