Ong (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to challenge the Tribunal's affirmation of the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a course of study at the time of the decision. The Tribunal also considered whether the applicant met the definition of "course of study" and "registered course" as defined in 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. The applicant had not provided a current Confirmation of Enrolment to the Tribunal, nor did they claim to meet any of the alternative criteria within clause 500.211. The Tribunal noted that a "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered to provide such courses to overseas students. As the applicant failed to provide evidence of current enrolment, the Tribunal was not satisfied that this criterion was met.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. 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 the visa.