Kshirsagar (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500. The review applicant, Ms. Kshirsagar, sought to challenge the delegate's decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a course of study. The Tribunal was also required to consider whether the applicant had been afforded a fair opportunity to provide necessary information.

The Tribunal noted that clause 500.211(a) requires an applicant to be enrolled in a course of study. While the delegate's decision record was before the Tribunal, there was no recent evidence demonstrating that the applicant was presently enrolled in a course of study. The Tribunal found that it was not satisfied that this criterion was met. The Tribunal also noted that it had invited the applicant to provide information but had not received a response. Consequently, the Tribunal affirmed the delegate's decision.