Aslam (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The primary dispute before the Tribunal was whether the applicant met the criteria for the visa, specifically concerning enrolment in a course of study. While the initial delegate's decision focused on the applicant's financial capacity, the Tribunal's review centred on the applicant's current enrolment in a full-time registered course.

The legal issue before the Tribunal was whether the applicant satisfied the primary criteria for a Subclass 500 visa, as set out in Schedule 2 of the Regulations, particularly clause 500.211 which requires the applicant to be enrolled in a course of study at the time of the decision. The definition of a "course of study" under clause 500.111 requires it to be a "full-time registered course," with "registered course" defined by reference to the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that the applicant had not provided evidence of enrolment in a full-time registered course, despite being given multiple opportunities to do so. The applicant had indicated an intention to enrol after the Tribunal hearing, but this did not satisfy the requirement of being enrolled at the time of the decision. The Tribunal had granted an extension for the applicant to provide this evidence, but the deadline passed without the required documentation being submitted. Consequently, the Tribunal concluded that the applicant had not met the primary criteria for the visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, finding that the criteria for the visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.