Li (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Tribunal. The applicant had failed to provide requested information within the prescribed period, specifically regarding her current enrolment in a registered course of study.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 visa, particularly clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal also considered the definition of "course of study" and "registered course" as provided in the Regulations.

The Tribunal noted that while the applicant was enrolled at the time of her visa application and the delegate's decision, she failed to respond to a formal invitation to provide further information, including confirmation of her current enrolment, by the specified deadline. Given the time elapsed and the lack of response, the Tribunal was not satisfied that the applicant remained enrolled in a course of study at the time of the Tribunal's decision. As the applicant did not claim to meet any alternative criteria under clause 500.211, the Tribunal concluded that the primary criteria for the visa were not met.

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