Oh (Migration)

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

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal noted that the applicant had not responded to its invitation to comment on information indicating they had not been enrolled in a registered course since April 2018. In the absence of any response or explanation from the applicant, the Tribunal accepted the Provider Registration and International Student Management System Records as evidence that the applicant was not enrolled in a course of study. Consequently, the Tribunal found that clause 500.211 was not met, and therefore, the criteria for the Subclass 500 visa were not satisfied. The Tribunal also noted the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.