NGUYEN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The core dispute revolved around whether the applicant met the prescribed criteria for the visa, specifically concerning their enrolment in a course of study.

The Tribunal was required to determine if the applicant satisfied the primary criteria for a Subclass 500 visa, as set out in Schedule 2 of the Regulations. The central legal issue was whether the applicant was enrolled in a "full-time registered course" at the time of the Tribunal's decision, as stipulated by clause 500.211(a) of the Regulations.

The Tribunal reasoned that clause 500.211(a) requires an applicant to be enrolled in a course of study at the time of the decision. It noted that "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an entity registered under the Education Services for Overseas Students Act 2000. The Tribunal found there was no evidence before it demonstrating the applicant's current enrolment in such a course. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

As the applicant did not satisfy this essential criterion, and did not claim to meet alternative criteria or criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the Subclass 500 (Student) visa.