CHI PUI (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), which was reviewed by the Administrative Appeals Tribunal. The applicant sought to have a decision to refuse her visa application set aside.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion stipulated in clause 500.211 of the Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal was also required to consider the definitions of "course of study" and "registered course" as provided in the Regulations and the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that clause 500.211(a) mandates that an applicant be enrolled in a "full-time registered course" at the time of the decision. A "registered course" is defined as one provided by an institution registered to provide such courses to overseas students. The applicant, during the hearing, confirmed that she was not currently enrolled in or studying a registered course. Consequently, the Tribunal concluded that the applicant failed to meet the enrolment requirement under clause 500.211.

As the applicant did not claim to meet any alternative criteria for the Subclass 500 visa, nor did she 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.