Nguyen (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The decision was made by the Administrative Appeals Tribunal, with Member P. Adami presiding.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, as set out in Part 500 of Schedule 2 to the Regulations. Specifically, the Tribunal had to determine if the applicant met the requirements of cl.500.211, which mandates that an applicant be enrolled in a course of study at the time of the decision.

The Tribunal reasoned that the applicant failed to demonstrate current enrolment in a registered course of study. The applicant's own response to a question regarding a Confirmation of Enrolment (CoE) indicated she did not hold one, and she had not completed a previously enrolled Diploma of Leadership and Management. As the applicant did not claim to meet any alternative criteria within cl.500.211 or the criteria for a Subclass 500 (Student Guardian) visa, the Tribunal concluded it could not be satisfied that the visa criteria were met. Consequently, the Tribunal affirmed the decision not to grant the visa.