Gunawan (Migration)

This matter concerned an appeal by an applicant for a Student (Temporary) (Class TU) visa, subclass 500, against a decision to refuse their application. The applicant had not responded to an invitation issued under section 359(2) of the *Migration Act 1958* (Cth) to provide further information or evidence, and therefore was not entitled to appear before the Tribunal. 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 was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the *Migration Regulations 1994* (Cth), which mandates that an applicant for a Subclass 500 visa must be enrolled in a full-time registered course of study at the time of the decision. A registered course is defined by reference to the *Education Services for Overseas Students Act 2000* (Cth). The applicant had not provided any proof of current enrolment to the Tribunal.

The Tribunal noted that while the applicant had previously provided documentation referencing two Confirmation of Enrolment (COE) documents for courses at Macquarie Education Group Australia Pty Ltd, these documents were not present on the Department's file. Furthermore, the decision record indicated a discrepancy in the course designations. The Tribunal concluded that, in the absence of any evidence of current enrolment and given that any previously provided COEs likely related to courses that had already concluded, the applicant had failed to satisfy the essential criterion under clause 500.211. As this criterion was not met, the Tribunal found that the applicant did not satisfy the requirements for a Subclass 500 visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Student (Temporary) (Class TU) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.