Mundun (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), brought before the Tribunal by the applicant and secondary applicants. The core of the dispute revolved around whether the primary applicant met the eligibility criteria for the visa, specifically the requirement of being enrolled in a course of study.

The Tribunal was required to determine if the primary applicant satisfied the criteria for a Subclass 500 (Student) visa, as set out in Part 500 of Schedule 2 to the Regulations. The central legal issue was whether the primary applicant was enrolled in a registered course of study at the time of the decision, as mandated by clause 500.211 of the Regulations. The Tribunal also considered the implications for the secondary applicants, whose eligibility depended on the primary applicant meeting the visa criteria.

The Tribunal reasoned that clause 500.211 requires an applicant to be enrolled in a course of study, defined as a "full-time registered course." A "registered course" is one provided by an institution registered under the *Education Services for Overseas Students Act 2000*. The Tribunal noted that while the applicant had previously provided a Confirmation of Enrolment (COE), there was no recent and cogent evidence before it to establish current enrolment in a registered course. Without such evidence, the Tribunal could not be satisfied that the primary applicant met the criteria under clause 500.211. Consequently, as the primary applicant did not meet the necessary criteria, the secondary applicants, who relied on being a family member of a visa holder, also failed to satisfy their eligibility requirements under clause 500.311.

The Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.