Marasi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The applicant's eligibility for the visa was the subject of the review, following a remittal from the Federal Circuit Court. The core of the dispute revolved around whether the applicant met the requirements for a genuine temporary entrant, specifically concerning their enrolment in a course of study.

The Tribunal was required to determine if the applicant satisfied the criteria for a Subclass 500 visa, as stipulated in Schedule 2 of the Regulations. The primary issue was whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as mandated by clause 500.211(a). The Tribunal also considered the applicant's status as a genuine temporary entrant in light of their past study history and future intentions.

The Tribunal found that the applicant did not meet the enrolment requirement under clause 500.211(a). The applicant admitted to not being currently enrolled in any course of study, stating confusion and uncertainty about their next steps, particularly given the COVID-19 pandemic. While the applicant had completed previous English, Certificate IV in Business, and Advanced Diploma of Business courses, they had not enrolled in further study since approximately July or August 2018. The applicant indicated that their future plans involved applying for a Partner visa, given their relationship with an Australian citizen, and that they were awaiting the outcome of the review before proceeding with that application. Based on these findings, the Tribunal concluded that the criteria for the Subclass 500 visa were not met.

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