Lim (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The review was heard by the Tribunal, with Member Mark Bishop presiding.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, as set out in Part 500 of Schedule 2 to the Regulations. Specifically, the Tribunal had to determine if the applicant met the requirements of clause 500.211, which mandates that an applicant be enrolled in a course of study, or satisfy one of the alternative conditions relating to postgraduate thesis marking, Foreign Affairs support, or Defence support.

The Tribunal considered the delegate's decision record but found that it did not have before it recent evidence demonstrating the applicant's current enrolment in a course of study, as required by clause 500.211(a). Consequently, the Tribunal was not satisfied that this primary criterion was met. The Tribunal affirmed the decision not to grant the visa.