Chao (Migration)

The Administrative Appeals Tribunal considered an application for review by a student visa applicant, referred to as the review applicant, concerning the refusal of a Subclass 500 (Student) visa. The core of the dispute revolved around whether the applicant met the eligibility criteria for the visa, specifically the requirement of being enrolled in a course of study.

The Tribunal was required to determine if the applicant satisfied the primary criteria for a Subclass 500 visa, as stipulated in Part 500 of Schedule 2 to the Regulations. The central issue was whether the applicant was presently enrolled in a course of study, as mandated by clause 500.211(a) of the Regulations, which is a prerequisite for the grant of such a visa.

The Tribunal reasoned that it did not have before it recent evidence demonstrating the applicant's current enrolment in a course of study. Without this crucial evidence, the Tribunal was not satisfied that the applicant met the requirements of clause 500.211(a). Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa.