GURUNG (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant, Mr. Gurung, sought to challenge the delegate's assessment that he was not a genuine temporary entrant. The Administrative Appeals Tribunal, constituted by Member Elizabeth Tueno, was tasked with determining whether the applicant met the relevant visa criteria at the time of the Tribunal's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the enrolment requirements for a Subclass 500 visa, as stipulated by clause 500.211 of Schedule 2 to the Regulations. This clause requires that an applicant be enrolled in a full-time registered course at the time of the decision. The Tribunal considered the definition of a "registered course" under regulation 1.03, which refers to a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant had not provided sufficient evidence to satisfy the enrolment criteria. While an offer of placement for a Bachelor of Business (Accounting) course was submitted, there was no confirmation of enrolment. Furthermore, no evidence was presented to demonstrate that the applicant had paid the required tuition fees or had commenced the course. The Tribunal noted that the offer of placement was conditional on the submission of academic transcripts and an acceptance of offer, neither of which appeared to have been provided. Consequently, the Tribunal concluded that the applicant had failed to meet the criteria for the grant of a Subclass 500 visa.

The Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa. The applicant did not claim to meet the criteria for any alternative visa subclass.