Maiztegui (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), before the Migration Review 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 enrolment requirement stipulated in clause 500.211 of the Migration Regulations. This clause mandates that an applicant must be enrolled in a course of study. The Tribunal also considered whether the applicant had met the requirement for Overseas Students Health Cover under visa condition 8501 of Schedule 8.

The Tribunal found that the applicant was not currently enrolled in a course of study, a fact he acknowledged. While he had completed a Bachelor of Science degree and expressed an intention to pursue a Master's degree, he had not successfully enrolled. Furthermore, the applicant provided evidence of Overseas Visitors Health Cover, but not the specific Overseas Students Health Cover required by the visa conditions. Given these findings, the Tribunal concluded that the applicant did not meet the mandatory criteria for the Subclass 500 visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.