PHETHONG (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Tribunal. The applicant sought review of a decision not to grant this visa. The central dispute revolved around whether the applicant satisfied the eligibility criteria for the visa, specifically concerning their enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, as stipulated in Part 500 of Schedule 2 to the Regulations. This required the Tribunal to determine if the applicant was enrolled in a course of study at the time of the decision, as mandated by clause 500.211(a) of the Regulations. The definition of a "course of study" as a "full-time registered course" and "registered course" under the Education Services for Overseas Students Act 2000 were also relevant considerations.

The Tribunal reasoned that clause 500.211 of the Regulations requires an applicant to be enrolled in a course of study at the time of the decision. It found that there was no evidence presented to the Tribunal demonstrating the applicant's current enrolment in such a course. Consequently, the Tribunal was not satisfied that the applicant met this essential criterion for the Subclass 500 visa. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the visa criteria were not met.

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