Law (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute arose when the applicant failed to respond to an invitation issued under s 359(2) of the relevant legislation, 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 a Subclass 500 (Student) visa, specifically concerning their enrolment status. The Tribunal was required to determine if the applicant was enrolled in a "full-time registered course" at the time of the decision, as stipulated by cl.500.211(a) of the Regulations. A "registered course" was defined by r.1.03 of the Regulations as a course provided by an institution registered under the Education Services for Overseas Students Act 2000 to provide such courses to overseas students.

The Tribunal reasoned that there was no evidence before it demonstrating the applicant's current enrolment in a course of study. Consequently, the Tribunal was not satisfied that the applicant met the requirement of cl.500.211(a). As this criterion was not met, and the applicant did not claim to satisfy any alternative criteria or the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not met.

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