D'Alto (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant for a Subclass 500 (Student) visa. The applicant sought review of a delegate's decision to refuse their visa application. The core of the dispute revolved around whether the applicant met the eligibility criteria for the visa, specifically concerning their enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause requires that an applicant be enrolled in a "full-time registered course" at the time of the decision. The Tribunal also considered 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 found that the applicant, in their oral testimony, admitted to not being enrolled in a course of study at the time of the hearing. While the applicant explained personal difficulties, including the passing of her father and involvement in legal proceedings, and a dispute with her education provider regarding fees, these circumstances did not alter the fundamental requirement of enrolment. The applicant had been advised by her lawyer against enrolling in a shorter course, and the Tribunal determined that, given the significant delay since the initial refusal, it was not appropriate to grant further time for the applicant to secure enrolment. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

As the applicant did not claim to meet the criteria for an alternative visa, the Subclass 590 (Student Guardian) visa, and had failed to satisfy the primary criteria for the Subclass 500 visa, the Tribunal affirmed the delegate's decision. The decision not to grant the applicant a Student (Temporary) (Class TU) visa was therefore upheld.