MALLA (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The primary dispute concerned whether the applicant met the eligibility criteria for this visa subclass, specifically the requirement of being enrolled in a registered course of study. The Tribunal also considered the eligibility of a dependent applicant, Mrs TEEKA RANA, whose application was contingent on the primary applicant satisfying the visa requirements.

The legal issues before the Tribunal were whether the applicant satisfied the primary criteria for a Subclass 500 (Student) visa, as set out in Schedule 2 of the Migration Regulations, and consequently, whether the dependent applicant met the secondary criteria as a member of the family unit. The Tribunal was required to determine if the applicant was enrolled in a "full-time registered course" at the time of the decision, as defined by the Regulations.

The Tribunal reasoned that clause 500.211 of the Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision, was not met. The definition of a "registered course" under r.1.03 of the Regulations was considered, and the Tribunal found no evidence that the applicant was currently enrolled in such a course. As the primary applicant failed to satisfy this essential criterion, the Tribunal concluded that the dependent applicant, Mrs TEEKA RANA, could not satisfy clause 500.311, which requires the primary person to have satisfied the primary criteria for the student visa.

Consequently, the Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.