Lui (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by the applicant. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the criteria for the grant of this visa.

The primary legal issue before the Tribunal was whether the applicant was enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. The definition of "course of study" under clause 500.111 required it to be a "full-time registered course," with "registered course" defined in regulation 1.03 by reference to the Education Services for Overseas Students Act 2000.

The Tribunal found that there was no evidence before it demonstrating that the applicant was currently enrolled in a course of study. Consequently, the Tribunal was not satisfied that the criterion in clause 500.211 was met. As this was a primary criterion for the visa, and the applicant did not claim to meet any alternative criteria or criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the applicant was not entitled to be granted a Subclass 500 visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.