MAAN (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision.

The Tribunal reasoned that the definition of a "registered course" under regulation 1.03 requires the course to be provided by an institution registered under the *Education Services for Overseas Students Act 2000*. The Tribunal found there was no evidence before it demonstrating that the applicant was currently enrolled in such a course. Consequently, the Tribunal was not satisfied that the criterion in clause 500.211 was met. As the applicant did not claim to meet alternative criteria or the criteria for a subclass 590 (Student Guardian) visa, the Tribunal concluded that the criteria for the grant of the subclass 500 visa were not met.

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