MUTSONZIWA (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), by Ms. Mutsonziwa. The dispute before the Administrative Appeals Tribunal (AAT) was whether the applicant met the eligibility requirements for the visa, specifically concerning her enrolment in a registered course of study at the time of the decision. The decision was made by Member Penelope Hunter of the AAT.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause requires that at the time of the decision, the applicant is enrolled in a full-time registered course of study. A "registered course" is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. The applicant did not claim to meet any alternative criteria within clause 500.211.

The Tribunal reasoned that while the applicant had completed a Diploma of Education (Secondary) in July 2017, she had not undertaken any further study since that time and did not intend to do so in the future. The Tribunal accepted that she had undertaken the completed study. However, the Tribunal found that in circumstances where the applicant is no longer studying and does not intend to study in the future, she does not meet the criteria for the grant of the visa. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, meaning clause 500.211 was not met.

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