LUM (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by the applicant. The central dispute concerned whether the applicant met the genuine temporary entrant criterion, specifically the requirement of being enrolled in an approved course of study at the time of the decision.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of the Migration Regulations 1994, which mandates enrolment in a course of study at the time of the decision. A "course of study" was defined as a "full-time registered course," with "registered course" referring to a course provided by an institution registered to offer such courses to overseas students under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant was not enrolled in an approved course of study at the time of the decision, a fact conceded by the applicant during the hearing. Despite being invited to provide evidence of enrolment, including a Certificate of Enrolment, the applicant failed to do so. The applicant explained his lack of enrolment by citing personal circumstances, including the death of his child and his wife's application for permanent residency. However, the Tribunal concluded that the applicant had not provided satisfactory evidence to meet the visa criteria.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the essential criteria for the visa were not met.