Nguyen (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Roger Maguire, was required to determine whether the applicant met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant was enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must be enrolled in a "full-time registered course," which is defined by reference to the Education Services for Overseas Students Act 2000.

The Tribunal found that there was no evidence before it demonstrating the applicant's current enrolment in a course of study. Consequently, the Tribunal was not satisfied that clause 500.211 had been met. As this was a primary criterion for the grant of a Subclass 500 visa, and the applicant did not claim to meet alternative visa criteria, the Tribunal concluded that the criteria for the visa were not satisfied. The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.