ELSHARKAWI (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The central legal issue before the Tribunal was whether the applicant satisfied the criterion that they be enrolled in a course of study at the time of the decision, as required by cl.500.211 of the Migration Regulations 1994. This criterion mandates enrolment in a "full-time registered course" as defined by the Regulations.

The Tribunal reasoned that the applicant had not provided evidence of current enrolment in a course of study. While the applicant had previously been enrolled in a Bachelor Degree in Business, they had cancelled this enrolment and had not re-enrolled upon returning to Australia. The applicant's stated intention to resume studies in the future and provide details to the Department of Immigration at that time did not satisfy the requirement for enrolment at the time of the visa decision. The Tribunal noted that the applicant had confirmed they had not commenced the Bachelor of Business course.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. The decision under review was affirmed.