JIANGTAO (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 the visa. The central dispute revolved around whether the applicant met the primary criteria for the visa, specifically the requirement of being enrolled in a course of study.

The Tribunal was required to determine whether the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered whether the applicant had been afforded a fair opportunity to respond to any requests for information.

The Tribunal found no evidence that the applicant was currently enrolled in a course of study, as defined by the Regulations. Consequently, the Tribunal was not satisfied that clause 500.211 was met. As this was a primary criterion for the visa, and the applicant did not claim to meet alternative criteria or the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the applicant had failed to satisfy the requirements for the grant of the visa.

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