ARUNAIEM (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant claimed to have completed a Business course. The Administrative Appeals Tribunal, constituted by Gabrielle Cullen, was required to determine whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which requires that at the time of the decision, the applicant is enrolled in a course of study. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal also considered whether the applicant met the criterion in clause 500.212, as initially raised with the applicant.

The Tribunal reasoned that the applicant had not provided evidence of current enrolment in a course of study. PRISMS records indicated that the applicant's enrolment ceased on 5 July 2019, and the provided Certificate of Enrolment also showed this cessation date. The applicant did not claim to meet any alternative criteria under clause 500.211. Consequently, the Tribunal was not satisfied that the applicant met the enrolment requirement.

As the applicant failed to satisfy clause 500.211, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. The applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant the Student (Temporary) (Class TU) visa.