Daparthi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by the migration regulations.

The Tribunal was required to determine if the applicant satisfied the mandatory criterion under clause 500.211 of Schedule 2 to the Regulations, which stipulates that an applicant must be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the applicant's claim to be a genuine temporary entrant.

The Tribunal reasoned that clause 500.211(a) is a mandatory criterion for the grant of a student visa. The applicant acknowledged that he was not currently enrolled in a course of study in Australia and was awaiting the outcome of the Tribunal hearing to determine his future enrolment plans. He stated he had recently completed a Diploma of Building and Construction but did not possess a current certificate of enrolment. As the applicant failed to meet this essential requirement, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.