Gourav Singh (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought 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 criterion of being enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. A "course of study" was defined as a "full-time registered course," with a "registered course" being one provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that clause 500.211(a) mandates that the applicant be enrolled in a course of study at the time of the decision. The applicant did not present any evidence to demonstrate current enrolment in such a course, nor did they claim to meet any alternative criteria. Consequently, the Tribunal was not satisfied that this essential criterion was met. As the applicant did not claim to satisfy the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the criteria for the grant of the Subclass 500 visa were not met.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.