CHAUDHARI (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Tribunal. The applicant sought review of a decision not to grant the visa. The central dispute revolved around whether the applicant met the eligibility criteria for the visa, specifically concerning their enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, as set out in Part 500 of Schedule 2 to the Regulations. This required the Tribunal to determine if the applicant was enrolled in a full-time registered course of study at the time of the decision, as stipulated by clause 500.211(a) of the Regulations. The Tribunal also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that clause 500.211(a) of the Regulations mandates that an applicant must be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal found there was no evidence before it to demonstrate that the applicant was enrolled in such a course. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

As the primary criteria for the Subclass 500 (Student) visa were not satisfied, and the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.