Lee (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, by a primary applicant and a secondary applicant. The core dispute revolved around whether the primary applicant met the essential criteria for the visa, specifically the requirement to be enrolled in a course of study. The decision was made by the Tribunal, presided over by Bridget Cullen.

The legal issue before the Tribunal was whether the primary applicant satisfied the criteria for a Subclass 500 visa, as set out in Schedule 2 to the Regulations. More particularly, the Tribunal had to determine if the primary applicant met clause 500.211, which requires an applicant to be enrolled in a course of study, or to meet one of the alternative conditions specified in that clause. The Tribunal also considered the implications for the secondary applicant if the primary applicant failed to meet the primary criteria.

The Tribunal's reasoning focused on clause 500.211(a). Upon review of the Provider Registration and International Student Management System (PRISMS) record history, the Tribunal found that the primary applicant was not currently enrolled in a course of study and did not possess a current Certificate of Enrolment. The applicant confirmed this fact during the hearing and acknowledged the consequences of this finding. As the primary applicant did not satisfy clause 500.211(a), the Tribunal concluded that the secondary applicant also did not meet the relevant secondary criteria. Consequently, the Tribunal found that the criteria for the grant of the Subclass 500 visa were not met.

The Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas.