Liu (Migration)

This matter concerned an application for review of a decision not to grant Student (Temporary) (Class TU) visas, subclass 500, to the applicants. The primary issue before the delegate had been whether the applicants met the genuine temporary entrant criteria. However, at the commencement of the hearing, it became apparent that the applicants did not satisfy other essential criteria for the grant of a student visa.

The Tribunal was required to determine whether the applicants met the criteria for a Student visa, specifically clause 500.211 of Schedule 2 to the Regulations, which mandates enrolment in a full-time registered course of study at the time of the decision. The Tribunal also considered the genuine temporary entrant criterion under clause 500.212.

The Tribunal noted that the applicant explicitly stated in the provided questionnaire that she did not have a current Confirmation of Enrolment in a registered course of study. This admission, along with consistent responses to other related questions, indicated a failure to satisfy the enrolment requirement under clause 500.211. The Tribunal also observed that the applicant did not list any current or future enrolments, further supporting the conclusion that this criterion was not met. Consequently, the Tribunal found that the criteria for the grant of a Student visa were not satisfied.

The Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.