Lu (Migration)

The Administrative Appeals Tribunal considered the case of Lu (Migration), involving an applicant seeking a Subclass 500 (Student) visa. The primary dispute concerned whether the applicant met the criteria for the visa, specifically regarding current enrolment in a course of study.

The legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the implications for a dependant applicant if the primary applicant failed to meet the visa criteria.

The Tribunal reasoned that clause 500.211(a) mandates current enrolment in a course of study. It noted that the definition of a "course of study" includes a "full-time registered course," which in turn requires registration under the Education Services for Overseas Students Act 2000. After reviewing the evidence, including a letter from the applicant's migration agent, the Tribunal concluded that there was no evidence establishing the applicant's current enrolment. Consequently, the Tribunal was not satisfied that clause 500.211 was met. As the primary applicant failed to satisfy this criterion, the dependant applicant also failed to meet the relevant secondary criteria.

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