Dhanoa (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), where the applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the relevant visa criteria.

The primary legal issue before the Tribunal was whether the applicant satisfied the enrolment requirements for a student visa pursuant to clause 500.211 of the Regulations. This clause requires that at the time of the decision, the applicant is enrolled in a full-time registered course of study. The Tribunal also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that while the applicant had been enrolled in a Certificate III in Commercial Cookery at the time of the original delegate's decision, and had also been enrolled in a future Certificate IV in Commercial Cookery, there was no evidence presented to demonstrate current enrolment in a course of study at the time of the Tribunal's decision. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.