KORRAPATI (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant failed to provide requested information and was found not to meet the genuine temporary entrant criterion. The Administrative Appeals Tribunal, with Member Roger Maguire presiding, was required to determine whether the applicant satisfied the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant was enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Regulations. The definition of "course of study" under clause 500.111 refers to a "full-time registered course," with "registered course" defined in regulation 1.03 as one provided by an entity registered under the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that there was no evidence before it demonstrating the applicant's current enrolment in a course of study. Consequently, the Tribunal was not satisfied that clause 500.211 was met. As this primary criterion was not satisfied, and the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not met. The Tribunal affirmed the decision not to grant the applicant the visa.