Du (Migration)

The Administrative Appeals Tribunal considered an application for review by an applicant whose Student (Temporary) (Class TU) visa, Subclass 500, had been refused. The primary issue before the Tribunal was whether the applicant satisfied the criteria for the visa, specifically concerning current enrolment in a registered course of study.

The Tribunal was required to determine if the applicant was enrolled in a full-time registered course of study at the time of the Tribunal's decision, as mandated by clause 500.211 of the Migration Regulations 1994. The definition of a "registered course" under regulation 1.03 was also relevant, requiring the course to be provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal noted that while the applicant had provided confirmation of enrolment in three courses at the time of the original visa application and the delegate's decision in December 2018, there was no evidence presented to the Tribunal demonstrating that the applicant had maintained that enrolment or enrolled in any other courses. The applicant also failed to respond to the Tribunal's request for further information. Consequently, the Tribunal was not satisfied that the applicant was currently enrolled in a registered course of study, a critical criterion for the visa.

As the applicant failed to satisfy the enrolment criterion under clause 500.211, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. The applicant did not claim to meet the criteria for any alternative visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant the visa.