Cai (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The applicant sought to have the decision under review affirmed.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion that, at the time of the decision, she was enrolled in a registered course of study, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. A "course of study" was defined as a "full-time registered course," and a "registered course" was one provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal considered the applicant's assertions and provided documentation, including confirmations of enrolment for past and future courses. However, the Tribunal found that the applicant had not provided any documentary evidence corroborating her current enrolment in a registered course of study at the time of the decision. Consequently, the Tribunal was not satisfied that clause 500.211 was met. As this was a primary criterion for the visa, and the applicant did not claim to meet alternative visa criteria, the Tribunal affirmed the decision not to grant the visa.