Esterita (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, by an applicant who had previously completed a Bachelor of Business. The applicant's representative provided evidence regarding psychological issues the applicant had faced and stated that the applicant was now working at a bank and wished to pursue a Master's degree to enhance her career prospects and assist her family business. The decision was made by Gabrielle Cullen, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision, as stipulated by clause 500.211 of Schedule 2 to the Regulations. This clause requires an applicant to be enrolled in a course of study, defined as a "full-time registered course," which in turn refers to a course provided by an institution registered to offer such courses to overseas students. The applicant did not claim to meet any alternative criteria.

The Tribunal considered evidence from PRISMS records and the applicant's own statements, which indicated that she was not currently enrolled in a course of study and had ceased enrolment in 2017 after completing her Bachelor of Business. Despite the applicant's stated intention to study a Master's degree, there was no evidence of actual enrolment. The Tribunal acknowledged the applicant as a genuine and credible witness who had successfully completed her previous studies, but found that, based on the evidence before it, the primary criterion under clause 500.211 was not met.

Consequently, the Tribunal found that the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa, nor did she claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant the visa.