ali (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 her the visa. The Tribunal considered various criteria for the visa, including financial capacity and enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations. This clause requires that at the time of the decision, the applicant is enrolled in a registered, full-time course of study. The Tribunal also considered whether the applicant met any alternative criteria, which she did not claim to satisfy.

The Tribunal found that while the applicant had made academic progress in Australia, she had completed her studies in March 2017. The evidence indicated she had completed a Master of Accounting (Professional) in August 2016 and a Graduate Diploma of Business in March 2017, and had not undertaken further study since then. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, and therefore clause 500.211 was not met.

As the applicant did not meet the primary criteria for the Subclass 500 visa and did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.