Meshram (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to have the decision affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically whether the applicant was enrolled in a registered course of study at the time of the decision, as required by clause 500.211(a) of Schedule 2 to the Regulations. The Tribunal also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that clause 500.211(a) requires an applicant to be enrolled in a "full-time registered course" at the time of the decision. A "registered course" is defined by reference to the Education Services for Overseas Students Act 2000. The Tribunal had invited the applicant to provide further information to demonstrate their enrolment in a registered course, but the applicant failed to respond to this invitation. Consequently, there was no evidence before the Tribunal to establish that the applicant was enrolled in a registered course of study. As this primary criterion was not met, and the applicant did not claim to meet alternative visa criteria, the Tribunal concluded that the criteria for the grant of a Subclass 500 visa were not satisfied.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.