Jeon (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 her this visa. The central issue was whether the applicant met the enrolment requirements for a student visa at the time of the Tribunal's decision.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant be enrolled in a course of study at the time of the decision. A "course of study" was defined as a "full-time registered course," with "registered course" referring to a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant had completed her course of study in December 2017 and had not submitted a current Confirmation of Enrolment. The applicant stated she was not currently enrolled in a course of study and had no intention to study in the short term, as she was currently working. Although the Tribunal accepted the applicant was a genuine student who had completed her studies and was now working in her field, it was not satisfied that she met the enrolment requirement under clause 500.211. Consequently, the Tribunal affirmed the decision not to grant the visa.