PONGSAMRAN (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), by Sasiyaporn Pongsamran, with Supakiat Pangosol as a dependent applicant. The dispute arose when the applicant failed to respond to an invitation issued under s 359(2) of the Migration Act 1958 (Cth), which meant they were not entitled to appear before the Tribunal. The primary issue before the Tribunal was whether the applicant met the criteria for the visa, specifically concerning their enrolment status.

The Tribunal was required to determine whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, as set out in Part 500 of Schedule 2 to the Migration Regulations 1994 (Cth). The central question was whether the applicant was enrolled in a course of study at the time of the decision, as mandated by clause 500.211(a). This clause requires the applicant to be enrolled in a "full-time registered course," with "registered course" defined by regulation 1.03. The Tribunal also considered whether the dependent applicant, Supakiat Pangosol, met the secondary criteria, which were contingent on the primary applicant satisfying the visa requirements.

The Tribunal reasoned that clause 500.211(a) of the Regulations requires an applicant to be enrolled in a course of study at the time of the decision. After reviewing the Department and Tribunal files, the Tribunal found no evidence, such as a Confirmation of Enrolment, to establish that the applicant was currently enrolled in a registered course of study. Consequently, the Tribunal was not satisfied that the applicant met clause 500.211. As the primary applicant did not meet this essential criterion, the Tribunal found that the criteria for the grant of a Subclass 500 visa were not met.

The Tribunal affirmed the decision not to grant the Student (Temporary) (Class TU) visas to both the applicant and the dependent applicant. Because Sasiyaporn Pongsamran failed to meet clause 500.211, Supakiat Pangosol did not satisfy the related secondary criteria under clause 500.311, and no further assessment was undertaken for the dependent applicant.