HU (Migration)

The Administrative Appeals Tribunal considered the case of HU, an applicant for a Subclass 500 (Student) visa. The dispute concerned whether the applicant met the criteria for this visa, specifically the requirement of being enrolled in a registered course of study at the time of the decision.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, 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. The Tribunal also considered whether the applicant met any alternative criteria, which the applicant did not claim to do.

The Tribunal reasoned that the definition of a "registered course" under the Regulations refers to a course provided by an institution registered under the Education Services for Overseas Students Act 2000. Crucially, the Tribunal found there was no evidence before it demonstrating that the applicant was currently enrolled in such a course. Consequently, the Tribunal concluded that clause 500.211 was not met. As this was a primary criterion for the visa, and the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal found that the applicant did not satisfy the requirements for the grant of a Subclass 500 visa.

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