Gagandeep (Migration)

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

The primary legal issue before the Tribunal was whether the applicant satisfied the requirement stipulated in clause 500.211(a) of Schedule 2 to the Regulations, which mandates that an applicant for a subclass 500 visa must be enrolled in a course of study at the time of the decision. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in the Regulations and the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that a "course of study" for the purposes of the visa application must be a "full-time registered course." A "registered course" is defined by reference to an institution, body, or person registered under the Education Services for Overseas Students Act 2000 to provide such a course to overseas students. Crucially, the applicant, in response to a request for information, stated that they were not enrolled in a course of study. Based on this admission, the Tribunal concluded that the applicant had failed to satisfy the requirement of being enrolled in a course of study at the time of the decision.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the original decision not to grant the visa.