MOHAMMED EHTESHAM UDDIN (Migration)

This matter concerned an application by Mohammed Ehtesham Uddin for review of a decision not to grant him a Subclass 500 (Student) visa. The decision under review was affirmed by the Administrative Appeals Tribunal, with Senior Member P. Wood presiding.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) 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 applicant did not claim to meet any alternative criteria for this visa subclass, nor did he claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

The Tribunal reasoned that clause 500.211 required evidence of enrolment in a full-time registered course. A "registered course" is defined by reference to the Education Services for Overseas Students Act 2000. As the applicant failed to provide any evidence of current enrolment in such a course, the Tribunal was not satisfied that this essential criterion was met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the grant of the visa.

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