Lin (Migration)

The Administrative Appeals Tribunal considered whether to affirm a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought review of the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant met the criterion in cl.500.211 of Schedule 2 to the Regulations, which requires that at the time of the decision, the applicant is enrolled in a course of study. The Tribunal also considered cl.500.212, which it noted it would have found the applicant met had the case been heard earlier.

The Tribunal reasoned that cl.500.211 is a "time of decision" criterion. Evidence from the applicant and the PRISMS record indicated that the applicant was no longer enrolled in a course of study at the time of the Tribunal's decision. While the Tribunal acknowledged that a backlog in its own caseload had caused a delay, resulting in the applicant's current lack of enrolment, it was bound by the legislative requirement. Therefore, the Tribunal concluded that cl.500.211 was not met.

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