Patel (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa. The central issue before the Tribunal was whether the applicant satisfied the criteria for the visa, specifically the requirement of current enrolment in a course of study.

The Tribunal was required to determine if the applicant met the primary criteria for a Subclass 500 visa, as set out in Part 500 of Schedule 2 to the Regulations. Clause 500.211 of the Regulations mandates that at the time of the decision, the applicant must be enrolled in a full-time registered course. The Tribunal also considered the definition of "registered course" under r.1.03 of the Regulations, which refers to a course provided by an institution registered under 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 the applicant met the requirements of cl.500.211. As this criterion was not met, and the applicant did not claim to satisfy alternative criteria or criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the overall criteria for the grant of a Subclass 500 visa were not satisfied. The Tribunal affirmed the decision not to grant the visa.