LEONG (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Tribunal. The applicant sought review of a decision not to grant the visa. The central issue was whether the applicant satisfied the visa criterion requiring current enrolment in a registered course of study.

The Tribunal was required to determine if the applicant met the primary criteria for a Subclass 500 visa, specifically cl.500.211 of the Migration Regulations 1994, which mandates enrolment in a course of study at the time of the decision. The definition of a "course of study" under cl.500.111 requires it to be a "full-time registered course," with "registered course" defined by r.1.03 as a course provided by an institution registered to provide such courses to overseas students under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant had not provided a current Confirmation of Enrolment (COE) or other evidence of enrolment, despite being invited to do so and advised of its necessity for visa grant. The applicant also failed to attend a scheduled hearing or contact the Tribunal. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study as required by cl.500.211. As this primary criterion was not met, and the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the Subclass 500 visa.