Chen (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

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

The Tribunal reasoned that there was no evidence before it demonstrating that the applicant was currently enrolled in a course of study. Consequently, the Tribunal was not satisfied that clause 500.211 had been met. As this was a primary criterion for the visa, and the applicant did not claim to meet alternative criteria or the criteria for a different visa subclass, the Tribunal found that the applicant did not meet the requirements for the grant of a Subclass 500 visa.

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