Klinsong (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Administrative Appeals Tribunal. The applicant sought review of a decision to refuse the visa.

The Tribunal was required to determine whether the applicant met the enrolment requirements for a student visa at the time of the Tribunal's decision, specifically whether the applicant was enrolled in a full-time registered course of study as required by clause 500.211 of Schedule 2 to the Regulations.

The Tribunal reasoned that clause 500.211 mandates current enrolment in a course of study. While the applicant had provided evidence of enrolment in a Certificate IV and a Diploma of Marketing and Communication, there was no evidence before the Tribunal demonstrating that the applicant was still enrolled in the Diploma course, that their enrolment had been extended, that they had completed it, or that they had enrolled in any further course of study. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criteria at the time of the decision.

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