Bin Awang Hassan (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant failed to provide requested information, leading to the assessment that the genuine temporary entrant criterion was not met, and there was no current confirmation of enrolment. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered whether the applicant met any alternative criteria or the criteria for a Subclass 590 (Student Guardian) visa.

The Tribunal reasoned that clause 500.211 mandates that an applicant be enrolled in a full-time registered course, defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. As the applicant had not provided any evidence of current enrolment in such a course, the Tribunal was not satisfied that this essential criterion was met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the Subclass 500 visa.

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