MUNDRU (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Administrative Appeals Tribunal. 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 whether the applicant was enrolled in a course of study at the time of the decision, as required by clause 500.211 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 requires an applicant to be enrolled in a "full-time registered course" at the time of the decision. It found that there was no evidence before it demonstrating that the applicant was currently enrolled in such a course. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

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