LIN (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Tribunal. The applicant sought review of a decision not to grant the visa. The central dispute revolved around whether the applicant was enrolled in a "registered course" as required by the relevant visa criteria.

The Tribunal was required to determine whether the applicant satisfied the primary criteria for a Subclass 500 visa, specifically cl.500.211 of Schedule 2 to the Regulations. This clause mandates that an applicant must be enrolled in a course of study at the time of the decision. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in the Regulations and the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that for the applicant to be enrolled in a "course of study," they must be enrolled in a "full-time registered course." A "registered course" is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. The applicant stated that they had not been enrolled in a course of study since July 2016 and had been unable to obtain a new Confirmation of Enrolment. Consequently, the Tribunal was not satisfied that the applicant met the requirement of being enrolled in a course of study at the time of the decision.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the applicant did not meet the criteria under cl.500.211. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.