Chen (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500 (Student). The review applicant had failed to respond to communications from the Tribunal and did not provide evidence of current enrolment in a course of study. The decision under review was affirmed by the Tribunal.

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 Regulations that the applicant be enrolled in a course of study. The Tribunal also considered whether the applicant had provided sufficient evidence to demonstrate this enrolment.

The Tribunal reasoned that clause 500.211(a) requires an applicant to be enrolled in a course of study. While the applicant had provided a letter of offer, there was no evidence that this offer had been accepted, payment made, or a Confirmation of Enrolment (CoE) issued by the educational institution. Crucially, the Tribunal lacked recent evidence that the applicant was presently enrolled in a course of study. Without this essential proof, the Tribunal was not satisfied that the applicant met the criteria for the visa.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa.