NG (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, where the applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether they were enrolled in an approved course of study at the time of the decision.

The central legal issue before the Tribunal was the interpretation and application of clause 500.211 of the Migration Regulations 1994, which requires an applicant for a Subclass 500 visa to be enrolled in a course of study at the time of the decision. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in the Regulations and the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that clause 500.211(a) mandates enrolment in a course of study at the time of the decision, and that "course of study" is defined as a "full-time registered course." A "registered course" is one provided by an institution registered under the relevant Act. The Tribunal found that there was no satisfactory evidence before it demonstrating that the applicant was currently enrolled in such a course. Consequently, the Tribunal concluded that the applicant did not satisfy the primary criteria for the Subclass 500 visa.

As the applicant did not claim to meet the criteria for an alternative visa, specifically a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the original decision to refuse the grant of the Subclass 500 visa.