IRIYANTO (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by Mr Iriyanto. The Administrative Appeals Tribunal (the Tribunal), constituted by Member Jennifer Cripps Watts, was required to determine whether the applicant met the criteria for the grant of this visa.

The central legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that for clause 500.211 to be met, the applicant needed to provide evidence of enrolment in a full-time registered course. A "registered course" is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. Despite being invited to provide evidence of his enrolment, the applicant failed to submit any documentation demonstrating that he was enrolled in a course of study or had an offer of enrolment at the time of the decision. Consequently, the Tribunal was not satisfied that the applicant met the criteria under clause 500.211.

As the applicant did not satisfy the primary criteria for the Subclass 500 visa and did not claim to meet the criteria for a Subclass 590 visa, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.