NEHRUPANDIYAN (Migration)

This matter concerned an appeal to the Tribunal regarding a decision not to grant the applicant a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The applicant sought to have this decision reviewed.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criteria for a Subclass 500 visa, specifically the requirement under clause 500.211 of the Regulations that the applicant be enrolled in a course of study at the time of the decision. The definition of "course of study" as a "full-time registered course" was also relevant, with "registered course" referring to a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal considered the evidence presented, noting that the applicant had been requested to provide a current Certificate of Enrolment (COE) but had failed to do so. During the hearing, the applicant indicated he was consulting about enrolment but provided no confirmation. As no evidence demonstrated current enrolment in a full-time registered course, the Tribunal was not satisfied that clause 500.211 had been met. The applicant did not claim to meet alternative criteria or the criteria for a Subclass 590 (Student Guardian) visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 500 visa.