LI (Migration)

The Administrative Appeals Tribunal considered a decision concerning an applicant for a Student (Temporary) (Class TU) visa, Subclass 500. The core dispute revolved around whether the applicant met the requirement of being enrolled in a registered course of study at the time of the decision.

The Tribunal was required to determine if the applicant satisfied the primary criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, which mandates enrolment in a course of study at the time of the decision. The definition of "course of study" under clause 500.111 requires it to be a "full-time registered course," with "registered course" defined by regulation 1.03 as a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant had not provided evidence of current enrolment. The applicant confirmed completion of a Diploma of Management in December 2015, and when asked about her current course, she responded with "financials." Crucially, she stated she did not possess a current Confirmation of Enrolment (COE) and made no reply when asked about approval for a relevant course. Based on this, the Tribunal concluded that the applicant was not enrolled in a registered course of study, and therefore clause 500.211 was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the essential criteria for the visa were not satisfied.