Khan (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, where the applicant failed to provide evidence of enrolment in a course of study. The decision under review was made by a delegate and subsequently affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion in clause 500.211 of the Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal considered the definition of "course of study" as a "full-time registered course" and "registered course" as one provided by an institution registered under the *Education Services for Overseas Students Act 2000*.

The Tribunal found that the applicant was not currently enrolled in a course of study, having ceased enrolment in 2017, and had not provided any evidence to the contrary. PRISMS records also indicated a lack of current enrolment. As the applicant did not claim to meet any alternative criteria, and the primary criterion in cl.500.211 was not met, the Tribunal concluded that the criteria for the grant of the visa were not satisfied.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.