Kumar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, 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 the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision.

The Tribunal reasoned that clause 500.211 required evidence of enrolment in a course of study, defined as a "full-time registered course". A "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The applicant had not provided the Department or the Tribunal with evidence of such enrolment. Consequently, the Tribunal was not satisfied that the applicant met this essential criterion for the visa. As the applicant did not claim to meet the criteria for a subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision under review.