Nadeem (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Tribunal. The applicant sought review of a decision not to grant the visa. The central issue was whether the applicant satisfied the requirement of being enrolled in a registered course of study at the time of the Tribunal's decision.

The Tribunal was required to determine whether the applicant met the primary criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, which mandates enrolment in a course of study at the time of the decision. The definition of "course of study" under clause 500.111 requires it to be a "full-time registered course," with "registered course" defined by regulation 1.03 as one provided by an institution registered under the *Education Services for Overseas Students Act 2000*.

The Tribunal considered the applicant's evidence regarding his past enrolment difficulties, including a leg injury and attempts to change institutions and courses. Crucially, the applicant did not provide evidence of current enrolment in a registered course at the time of the hearing. Despite expressing a desire to study at UTS or another course, the applicant could not demonstrate he met the explicit requirement of clause 500.211. Consequently, the Tribunal found that the criteria for the visa were not met.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, Subclass 500, as the applicant failed to satisfy the requirement of being enrolled in a registered course of study at the time of the decision. The applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.