Lamsal (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), which was reviewed by the Administrative Appeals Tribunal. The applicant failed to respond to an invitation issued under s 359(2) of the Migration Act 1958 (Cth), which meant they were not entitled to appear before the Tribunal. The Tribunal declined an indefinite adjournment of the decision-making process.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 visa, specifically whether the applicant was enrolled in a course of study at the time of the decision, as required by cl.500.211(a) of Schedule 2 to the Migration Regulations 1994 (Cth). A "course of study" was defined as a "full-time registered course," and a "registered course" was one provided by an institution registered under the Education Services for Overseas Students Act 2000 (Cth).

The Tribunal reasoned that there was no evidence before it demonstrating that the applicant was currently enrolled in a course of study. Consequently, the Tribunal was not satisfied that the applicant met the criterion in cl.500.211(a). As this primary criterion was not met, the Tribunal found that the applicant did not satisfy the criteria for the grant of a Subclass 500 visa. The applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

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