Kardey (Migration)

This matter concerned an application for review of a decision not to grant Student (Temporary) (Class TU) visas to the primary applicant and her secondary applicants, her husband and daughter. The primary applicant, a 39-year-old female from India, had been in Australia on various student visas since 2009 and had been on bridging visas since 2011. The review was heard by Steven Griffiths, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the primary applicant satisfied the primary criteria for a Subclass 500 (Student) visa, specifically as set out in clause 500.211 of the Regulations. This clause requires an applicant to be enrolled in a course of study, or to meet alternative criteria relating to postgraduate thesis marking or Foreign Affairs student support. The Tribunal was required to determine if the applicant was enrolled in a "full-time registered course" as defined by the Regulations.

The Tribunal considered the evidence provided by the applicant, including her response to a request for information and her oral evidence at the hearing. It was established that the applicant was not currently enrolled in a course of study. The Tribunal noted that the definition of "course of study" requires a "full-time registered course," and "registered course" refers to a course provided by an institution registered to provide courses to overseas students. As the applicant did not claim to meet the alternative criteria in clause 500.211, and was not enrolled in a course of study, she failed to satisfy this essential criterion for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas. The Tribunal made an oral decision at the hearing and confirmed that a written statement of reasons would be provided within seven days.