Hassan (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Tribunal. The applicant sought review of a decision not to grant the visa. The central dispute revolved around whether the applicant met the genuine temporary entrant criterion, specifically the requirement of being enrolled in an approved course of study.

The Tribunal was required to determine whether the applicant satisfied clause 500.211 of the Migration Regulations 1994, which mandates that an applicant for a Student visa must be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," with "registered course" referring to a course provided by an institution registered to provide such courses to overseas students under the Education Services for Overseas Students Act 2000.

The Tribunal noted that the applicant had completed a Master of Professional Accounting in June 2018. While the applicant claimed to have re-enrolled in a Master of Accounting course commencing in November 2018, evidence before the Tribunal at the time of the hearing did not definitively establish current enrolment in a registered course of study after 22 June 2019. The applicant had indicated an intention to return to Pakistan after completing studies and did not express an intention for further study. As no post-hearing submissions or further evidence were provided to demonstrate enrolment after 22 June 2019, the Tribunal was not satisfied that clause 500.211 was met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500, as the criteria for the visa were not met.