Kullar (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 not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically 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 Migration Regulations 1994. The definition of "course of study" was also relevant, requiring a "full-time registered course" as defined in the Regulations.

The Tribunal reasoned that clause 500.211(a) mandates that an applicant be enrolled in a course of study at the time of the decision. The Tribunal found there was no evidence before it to establish that the applicant was currently enrolled in such a course. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion, and therefore, the criteria for the grant of a Subclass 500 visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

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