Mohd Noor (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The applicant, Mohd Noor, sought review of a decision not to grant him this visa. The dispute centred on whether the applicant met the primary criteria for the visa, as set out in Schedule 2 of the Regulations. The decision was made by Roger Maguire, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant was enrolled in a course of study at the time of the decision, as required by clause 500.211 of the Regulations. This clause mandates that an applicant must be enrolled in a "full-time registered course" at the time of the decision. A "registered course" is defined as one provided by an institution registered to provide such courses to overseas students under the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that the applicant had failed to provide sufficient evidence of his enrolment. While the applicant had indicated "Yes" to having a current Confirmation of Enrolment (COE) on a form submitted to the Tribunal, he provided no details regarding the specific course, enrolment dates, or start and end dates. Crucially, he did not submit a copy of the COE. The Tribunal found this unsupported assertion insufficient to establish a current enrolment. Without evidence of enrolment in a registered course, the Tribunal concluded that clause 500.211 was not met, and therefore, the criteria for the Subclass 500 visa were not satisfied.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.