Baig (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), before the Tribunal. The applicant failed to attend a hearing and did not provide a Certificate of Enrolment (COE) when requested. The Tribunal was therefore not satisfied that the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant was enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Regulations. This clause mandates that an applicant must be enrolled in a "full-time registered course," which is defined by reference to courses provided by institutions registered under the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that the absence of a COE, which was specifically requested to demonstrate enrolment, meant that the applicant had failed to provide evidence satisfying the primary criteria for the visa. As the applicant did not claim to meet any alternative criteria, including those for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the criteria for the grant of the subclass 500 visa were not met. Consequently, the Tribunal affirmed the decision not to grant the visa.