CHONG (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 requirements for this visa subclass, specifically concerning their enrolment in a course of study. The Tribunal was tasked with reviewing the initial decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, as set out in Schedule 2 of the Regulations. This involved determining if the applicant was enrolled in a "full-time registered course" at the time of the decision, as required by clause 500.211(a). The Tribunal also considered, but did not find it necessary to apply, the provision for an adjournment, noting the absence of evidence of current enrolment.

The Tribunal reasoned that clause 500.211 of the Regulations mandates that an applicant must be enrolled in a course of study at the time of the decision. It further noted that a "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. Crucially, the Tribunal found there was no evidence before it demonstrating the applicant's current enrolment in such a course. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

As the applicant did not satisfy the primary criteria for the Subclass 500 (Student) visa and did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the visa.