D Couto (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the applicant's instruction to consent to a decision being made based on the existing documentation.

The Tribunal noted that the initial dispute regarding the applicant's genuine temporary entrant status had evolved to focus on their enrolment. The Tribunal had advised the applicant's migration agent that the PRISMS record indicated no current certificate of enrolment. In response, the applicant's representative stated they had not received enrolment documents from the client and that the client had instructed them to accept the decision based on the existing documents. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study as required by clause 500.211.

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