Chang (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, reviewed by the Administrative Appeals Tribunal. The applicant sought to challenge the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision.

The Tribunal reasoned that the definition of a "course of study" required enrolment in a "full-time registered course," which in turn necessitated the course provider being registered under the Education Services for Overseas Students Act 2000. As there was no evidence before the Tribunal demonstrating the applicant's current enrolment in such a course, the Tribunal was not satisfied that clause 500.211 was met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the visa.

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