Lyu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision not to grant a Subclass 500 (Student) visa to the applicant. The primary issue was whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a registered course of study.

The Tribunal was required to determine if the applicant satisfied clause 500.211(a) of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant be enrolled in a course of study. The Tribunal also had regard to Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion for student visa applications.

The Tribunal's reasoning focused on the evidence presented, including an undated and unsigned Letter of Offer for a Diploma of Project Management, and Confirmations of Enrolment for General English courses that had expired. Crucially, the applicant responded "No" to a question asking if they had a current Confirmation of Enrolment. Based on this evidence, the Tribunal concluded that the applicant was not currently enrolled in a course of study as required by clause 500.211(a). Consequently, the Tribunal was not satisfied that the applicant met this essential criterion for the visa.

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