Poon (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Roger Maguire, was required to determine whether the applicant met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant was currently enrolled in a registered course of study, as required by clause 500.211 of Schedule 2 to the Regulations. The Tribunal also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that clause 500.211 requires an applicant to be enrolled in a full-time registered course at the time of the decision. A registered course is defined by reference to the *Education Services for Overseas Students Act 2000*. The Tribunal found there was no evidence before it demonstrating the applicant's current enrolment in such a course. Consequently, the Tribunal was not satisfied that clause 500.211 was met, and therefore the criteria for the grant of the Subclass 500 visa were not satisfied.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.