Liu (Migration)

The Administrative Appeals Tribunal considered an application for review by a person seeking a Subclass 500 (Student) visa. The dispute concerned whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a course of study.

The Tribunal was required to determine if the primary applicant was presently enrolled in an approved course of study, as stipulated by clause 500.211(a) of Schedule 2 to the Migration Regulations. This clause sets out a primary criterion for the grant of a Subclass 500 visa.

The Tribunal found that it did not have evidence demonstrating the applicant's current enrolment in an approved course of study. Having carefully considered the delegate's decision record and the information provided by the applicant, the Tribunal concluded that the primary applicant had not satisfied the criterion under clause 500.211(a). Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.