Lei (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Tribunal. The applicant sought review of the Department's decision to refuse to grant the visa. The central dispute revolved around whether the applicant met the criteria for enrolment in a registered course of study, a prerequisite for the visa.

The Tribunal was required to determine whether the applicant satisfied the primary criteria for a Subclass 500 visa, specifically cl.500.211 of the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. The definition of "course of study" under cl.500.111 requires enrolment in a "full-time registered course," with "registered course" defined by reference to the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that the applicant had not provided a current Certificate of Enrolment, despite being requested to do so. While the applicant claimed to have paid tuition fees and been introduced to a migration agent, her own evidence indicated she was not currently enrolled or studying. Consequently, the Tribunal was not satisfied that the applicant met the requirement of being enrolled in a course of study under cl.500.211. As this criterion was not met, and the applicant did not claim to meet alternative visa criteria, the Tribunal affirmed the Department's decision to refuse the visa.