Liaquat (Migration)

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

The Tribunal was required to determine if the applicant met 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* to provide such courses to overseas students.

The Tribunal reasoned that the applicant had not provided evidence of current enrolment in an approved course of study at the time of the decision. While the applicant expressed a desire to complete a Bachelor of Business, he failed to demonstrate he met the mandatory enrolment requirement under clause 500.211. The applicant's explanations for gaps in his studies and personal circumstances, including his mother's illness and his own surgery, did not satisfy this essential criterion. Consequently, the Tribunal found that the applicant did not meet the criteria for the visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, Subclass 500, as the applicant had not satisfied the requirement of being enrolled in a registered course of study at the time of the decision. The applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.