Binda (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant, Binda, was the primary applicant, and Mr Cleydson Jose de Souza was a dependent applicant. The Administrative Appeals Tribunal was required to determine whether the decision to refuse the visa should be affirmed.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the requirement under clause 500.211 of Schedule 2 to the Migration Regulations that the applicant be enrolled in a registered course of study at the time of the decision. A secondary issue arose concerning the dependent applicant, Mr de Souza, who could only be granted a student visa if the primary applicant satisfied the primary criteria.

The Tribunal found that the applicant had advised the Tribunal that she did not hold a current Confirmation of Enrolment in a registered course of study. As a "registered course" is defined as a full-time registered course provided by an institution registered to provide such courses to overseas students, and the applicant provided no evidence to the contrary, the Tribunal was not satisfied that clause 500.211 was met. Consequently, the primary criteria for the visa were not satisfied. As the primary applicant failed to meet the primary criteria, the dependent applicant, Mr de Souza, also failed to satisfy the criteria under clause 500.311.

The Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.