BHAGAT (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant had been invited by the Tribunal to provide further information regarding their enrolment in a registered course of study, a requirement for the visa. The Tribunal, constituted by Vanessa Plain, was required to determine whether the applicant met the criteria for the visa at the time of the decision.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211(a) of Schedule 2 to the Regulations, which mandates that at the time of the decision, the applicant must be enrolled in a registered 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 to provide such courses to overseas students under the *Education Services for Overseas Students Act 2000*.

The Tribunal noted that the applicant had not responded to an invitation issued under section 359(2) of the Act, requesting information to satisfy the Tribunal of their enrolment in a registered course of study. In the absence of any response or evidence of enrolment, the Tribunal was not satisfied that the applicant met the requirement of clause 500.211(a). Consequently, 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 visa.