Lim (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the criteria for this visa, specifically concerning their enrolment in a course of study. The applicant had not responded to an invitation under s 359(2) of the relevant legislation, which meant they were not entitled to appear before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant was currently enrolled in a full-time registered course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Regulations. The Tribunal also considered whether the applicant met any alternative criteria for enrolment, which they did not claim to do.

The Tribunal reasoned that clause 500.211(a) mandates that an applicant must be enrolled in a 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. The Tribunal found there was no evidence before it demonstrating the applicant's current enrolment in such a course. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion, and therefore, the criteria for the grant of a Subclass 500 (Student) visa were not met.

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