Chen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant met the genuine temporary entrant criteria, but the Tribunal also noted that the applicant was not currently enrolled in a registered course of study.

The Tribunal was required to determine if the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.211 which mandates enrolment in a full-time registered course of study at the time of the decision. The Tribunal also considered the significance of this enrolment criterion in the context of student visa applications.

The Tribunal reasoned that evidence of current enrolment in a registered course is a fundamental requirement for a student visa. Such enrolment demonstrates a legally binding commitment between the applicant and a registered provider, signifying a tangible need for the visa. The Tribunal emphasised that all student visas are subject to a condition of continued enrolment, and without proof of current enrolment, the visa cannot be granted. As the applicant failed to provide evidence of current enrolment, the Tribunal found that clause 500.211 was not met, rendering further consideration of other primary criteria unnecessary.

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