Anugu (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Migration Review 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 criterion that they were enrolled in a registered course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Regulations. The Tribunal was also required to consider whether the applicant met any alternative criteria for the visa.

The Tribunal reasoned that clause 500.211 requires an applicant to be enrolled in a "full-time registered course" at the time of the decision. A "registered course" is defined by reference to the *Education Services for Overseas Students Act 2000*. The Tribunal found that the Department's file contained no documentary evidence, such as a Confirmation of Enrolment, to support the applicant's claim of enrolment at the time of application or at the time of the decision. Furthermore, the applicant provided no evidence of current enrolment to the Tribunal. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion.

As the applicant did not claim to meet any alternative criteria for the subclass 500 visa, nor did they claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the visa.