Kaur (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The applicant's claim for this visa was under review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the requirement of being enrolled in a 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 clause 500.211 of Schedule 2 to the Regulations requires an applicant for a Subclass 500 visa to be enrolled in a full-time registered course of study at the time of the decision. As the applicant had not provided evidence of current enrolment in such a course, the Tribunal was not satisfied that this criterion was met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa.

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