GILL (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a registered course of study at the time of the decision. The Tribunal also considered, but did not make findings on, whether the applicant met the genuine temporary entrant criterion, noting that other factors such as domestic violence and child custody disputes, as well as a request for further time pending a partner visa application, might be relevant to that assessment.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also had regard to Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion for student visas.

The Tribunal found that the applicant's own oral evidence indicated she was not presently studying, and there was no evidence before the Tribunal to demonstrate her enrolment in a course of study. Consequently, the Tribunal was not satisfied that clause 500.211 was met. Given this failure to satisfy a primary criterion, the Tribunal concluded that the applicant did not meet the requirements for a Subclass 500 (Student) visa. The Tribunal affirmed the decision not to grant the visa.