Melendenz Grandez (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Melendenz Grandez. 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 applicant had not provided evidence of enrolment in a course of study as defined by the Regulations, which requires a full-time registered course. As the applicant did not claim to meet any alternative criteria for enrolment, the Tribunal was not satisfied that clause 500.211 was met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the grant of a Subclass 500 visa and did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

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