NANI (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Administrative Appeals Tribunal. The applicant had previously been enrolled in a Bachelor of Child Care but had withdrawn from this course after suffering an injury. The core dispute revolved around whether the applicant met the enrolment requirements for the visa at the time of the Tribunal's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal also considered the definition of "course of study" as a "full-time registered course," with "registered course" referring to a course provided by an institution registered to provide such courses to overseas students under the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that while the delegate's decision focused on the genuine temporary entrant criterion, the Tribunal's own assessment was primarily concerned with the enrolment requirement. The applicant confirmed during the hearing that she had withdrawn from her Bachelor of Child Care in June 2018 due to an injury and was no longer enrolled. Based on this evidence, the Tribunal was not satisfied that the applicant met the enrolment criterion under clause 500.211.

Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the visa.