Li (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), brought before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criterion under clause 500.211 of Schedule 2 to the Regulations, which requires that at the time of the decision, the applicant is enrolled in a registered course of study. The Tribunal was also required to consider the definitions of "course of study" and "registered course" as provided in the Regulations and the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that clause 500.211(a) mandates current enrolment in a registered course of study at the time of the decision. It noted that a "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the *Education Services for Overseas Students Act 2000*. As the applicant had provided no evidence demonstrating current enrolment in such a course at the time of the decision, the Tribunal concluded that clause 500.211 was not met.

Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not satisfied. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.