KURNIAWAN (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by Mr Kurniawan. The primary issue before the Tribunal was whether the applicant met the criteria for the grant of this visa, specifically whether he was enrolled in a registered course of study at the time of the decision. The visa had been refused by the delegate on the basis that the applicant did not satisfy clause 500.212 of Schedule 2 to the Regulations, which requires the applicant to be a genuine applicant for entry and stay as a student. However, the Tribunal first considered the criterion in clause 500.211, which requires the applicant to be enrolled in a course of study.

The Tribunal was required to determine if the applicant was enrolled in a full-time registered course of study at the time of the decision, as defined by the Regulations. A "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000 to provide such courses to overseas students. The applicant was notified of the hearing and advised to provide documentary evidence of his enrolment, including a current Confirmation of Enrolment (COE).

The Tribunal found that the applicant had not provided a COE and had failed to attend his scheduled hearing to present evidence or arguments. In the absence of this essential documentation and attendance, the Tribunal was not satisfied that the applicant was enrolled in a course of study as required by clause 500.211. Consequently, the Tribunal concluded that the criteria for the grant of a Subclass 500 visa were not met. The applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

Accordingly, the Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa.