ATWAL (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, reviewed by the Administrative Appeals Tribunal. The applicant sought to challenge the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically whether the applicant was 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 also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that clause 500.211 requires an applicant to be enrolled in a "full-time registered course," defined by reference to the Education Services for Overseas Students Act 2000. As there was no evidence before the Tribunal demonstrating the applicant's current enrolment in such a course, the Tribunal was not satisfied that this primary criterion was met. Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 visa.

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