Li (Migration)

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

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 visa, specifically whether the applicant was enrolled in a registered course of study at the time of the decision. Clause 500.211 of Schedule 2 to the Regulations requires that at the time of the decision, the applicant is enrolled in a course of study, defined as a full-time registered course.

The Tribunal noted that the applicant had not responded to a request for information. However, documents previously provided by the applicant indicated that their enrolment in an Advanced Diploma of Business and a Certificate III in Spoken and Written English had both been cancelled. There was no other evidence of current enrolment in a registered course of study. Consequently, the Tribunal was not satisfied that the applicant met the criterion in 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 visa.