LAOHAPONGCHANA (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Laohapongchana for review of a decision not to grant her a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the eligibility criteria for the visa, specifically concerning her enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant was enrolled in a registered course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. The Tribunal also considered the definitions of "course of study" and "registered course" within the Regulations.

The Tribunal reasoned that clause 500.211(a) mandates that an applicant must be enrolled in a course of study at the time of the decision. It noted that "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The applicant had claimed enrolment at the time of her visa application, but neither the Department's file nor the Tribunal's file contained a Confirmation of Enrolment or other documentary evidence proving current enrolment in a registered course of study. Consequently, the Tribunal was not satisfied that the applicant met the criterion in clause 500.211.

As the applicant did not claim to meet any alternative criteria for the Subclass 500 visa or the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the Student (Temporary) (Class TU) visa.