Liu (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 her the visa. The primary issue for determination was whether the applicant met the enrolment criteria as stipulated in clause 500.211 of Schedule 2 to the Regulations.

The Tribunal was required to ascertain if the applicant was enrolled in a full-time registered course of study at the time of the decision. The applicant had informed the Tribunal that she had completed her Diploma of Remedial Massage and was not currently enrolled in any course. While she had made inquiries about a Bachelor of Health Science (Acupuncture Therapies) and was awaiting results of credit applications and an IELTS test, she had not yet formally applied for enrolment.

The Tribunal reasoned that the applicant's inquiries and pending actions regarding future study did not constitute enrolment in a course of study for the purposes of clause 500.211. The Tribunal noted the applicant's recent marriage to an Australian citizen and her ongoing partner visa application, but stated that this did not alter the assessment of the student visa criteria. Consequently, the Tribunal found that the applicant had not satisfied the enrolment requirements for the Subclass 500 visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, Subclass 500, as the criteria for the visa were not met.