PEETHAISONG (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), before the Tribunal. The applicant sought review of a decision not to grant the visa. The core of the dispute revolved around whether the applicant satisfied the enrolment criteria for the visa.

The Tribunal was required to determine whether the applicant met the primary criteria for a subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, which mandates enrolment in a full-time registered course of study at the time of the decision. The Tribunal also considered whether the applicant claimed to meet alternative criteria or the criteria for a subclass 590 (Student Guardian) visa.

The Tribunal reasoned that clause 500.211 required the applicant to be enrolled in a full-time registered course. A registered course was defined by reference to the Education Services for Overseas Students Act 2000. The Tribunal found there was no evidence before it demonstrating the applicant was currently enrolled in such a course. Consequently, the Tribunal was not satisfied that clause 500.211 was met. As the applicant did not claim to meet any alternative criteria or the criteria for a subclass 590 visa, the Tribunal concluded that the criteria for the grant of a subclass 500 visa were not met.

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