Cheung (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the eligibility criteria for this visa, specifically concerning their enrolment in a registered course of study. The applicant had been offered a hearing but declined it.

The primary legal issue before the Tribunal was whether the applicant was enrolled in a registered course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations. This clause mandates that an applicant must be enrolled in a "full-time registered course," which is further defined by reference to courses provided by institutions registered under the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that the applicant had not provided any evidence of possessing a current Certificate of Enrolment. In the absence of such evidence, the Tribunal was not satisfied that the applicant was enrolled in a course of study as required by clause 500.211. Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. The applicant also 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.