Combariza Campos (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by the applicant, Combariza Campos. The dispute before the Tribunal was whether the applicant met the criteria for the grant of the visa, specifically concerning her enrolment in a registered course of study. The decision was made by Member Michael Biviano of the Tribunal.

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 Regulations. This clause mandates that an applicant must be enrolled in a full-time registered course, defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal also considered whether the applicant was a genuine applicant for entry and stay as a student, although the focus shifted to the enrolment requirement.

The Tribunal reasoned that the applicant had not satisfied the criterion of being enrolled in a registered course of study at the time of the decision. While the applicant had provided a Confirmation of Enrolment for a Bachelor of Business Information Systems from the Australian Institute of Higher Education, the Tribunal noted that the applicant was not currently enrolled in a course of study. Consequently, the Tribunal concluded that the applicant did not meet the genuine temporary entrant criterion.

As the applicant failed to meet the primary criteria for the visa, the Tribunal affirmed the decision not to grant the Student (Temporary) (Class TU) visa to the applicant.