HSIEH (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the requirements for this visa subclass, specifically concerning her enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant was enrolled in an approved course of study at the time of the decision, as mandated by clause 500.211 of the Migration Regulations 1994. This clause requires an applicant to be enrolled in a "full-time registered course," which is further defined as a course provided by an institution registered to offer such courses to overseas students.

The Tribunal noted that the applicant had not commenced any studies after her visa was refused by the delegate. She stated she was unaware of her entitlement to study on a Bridging visa and that her plans had been disrupted by pregnancy. While she expressed a desire to pursue her original study goals to improve her career prospects in her home country, the Tribunal found that she was not currently enrolled in a registered course of study. This failure to meet the explicit criterion in cl.500.211 meant the applicant did not satisfy the requirements for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.