DEMA (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Student (Temporary) (Class TU) visa, subclass 500. The applicant had discontinued her Bachelor's degree studies after the first semester at the University of Western Sydney.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criteria for a subclass 500 visa, specifically the requirement under clause 500.211 of the Regulations that the applicant be enrolled in a course of study at the time of the decision. A "course of study" was defined as a "full-time registered course," with "registered course" referring to a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant had provided evidence that she did not continue her Bachelor's degree after the first semester and was uncertain about her future studies. She also indicated an intention to return to Bhutan. Crucially, the applicant confirmed she was not currently enrolled in an approved course of study. Consequently, the Tribunal was not satisfied that clause 500.211 was met. As the applicant did not claim to meet alternative visa criteria, the Tribunal affirmed the decision not to grant the visa.