DURRANT (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), brought before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, particularly in relation to enrolment in a registered course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the significance of this enrolment criterion in the context of other primary criteria for a student visa and the conditions attached to such visas.

The Tribunal reasoned that evidence of current enrolment in a registered course of study is a critical prerequisite for obtaining a student visa. Such enrolment demonstrates a legally binding commitment to undertake education and is persuasive evidence of a tangible need for the visa. The Tribunal noted that all student visas are subject to a condition requiring the holder to remain enrolled, and a visa would be breached upon grant if the applicant was not enrolled. As the applicant had not provided evidence of current enrolment in a registered course of study, the Tribunal concluded that clause 500.211 was not met. Consequently, there was no administrative utility in considering other primary criteria. The Tribunal also found that the secondary applicants, as members of the family unit, did not meet the relevant criteria.

The Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas.