Prado Ramos (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, where the applicant sought review of a decision not to grant the visa. The decision under review was made by the Tribunal, presided over by Member Gabrielle Cullen.

The central legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision. Specifically, the Tribunal had to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision. The definition of "course of study" as a "full-time registered course" was also relevant.

The Tribunal reasoned that the applicant had ceased enrolment in May 2018 after completing a previous course and indicated to the Tribunal that he had no intention to study further and planned to leave Australia. Based on this evidence, and finding the applicant to be a credible witness, the Tribunal concluded that the applicant was not enrolled in a course of study at the time of the decision. Consequently, clause 500.211 was not met, and the Tribunal affirmed the decision not to grant the visa.