Hussain (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 eligibility requirements for this visa subclass, specifically concerning their enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, as set out in Schedule 2 of the Regulations. This involved determining if the applicant was enrolled in a "full-time registered course" at the time of the decision, as required by clause 500.211(a) of the Regulations. A "registered course" was defined by reference to the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that clause 500.211(a) of the Regulations mandates that an applicant must be enrolled in a course of study at the time of the decision. It noted that the applicant did not claim to meet any alternative criteria. Crucially, the Tribunal found there was no evidence before it to establish that the applicant was currently enrolled in a course of study. Consequently, the Tribunal was not satisfied that this essential criterion was met, leading to the conclusion that the applicant did not satisfy the requirements for a Subclass 500 visa.

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