Mukunga (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the criteria for this visa, specifically the requirement of current enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant must be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in the Regulations and the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that there was no evidence presented to demonstrate the applicant's current enrolment in a registered course of study. Consequently, the Tribunal was not satisfied that clause 500.211 had been met. As this was a primary criterion for the Subclass 500 visa, and the applicant did not claim to meet alternative visa criteria, the Tribunal concluded that the applicant did not satisfy the requirements for the visa.

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