Punruean (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant failed to provide requested information to the Tribunal, and the primary issue was whether the applicant met the criteria for the visa, specifically the requirement of current enrolment in a course of study.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in the Regulations and the *Education Services for Overseas Students Act 2000*.

The Tribunal found that there was no evidence before it, such as a Confirmation of Enrolment, to satisfy it that the applicant was currently enrolled in a course of study. Consequently, the Tribunal concluded that clause 500.211 was not met, and therefore, the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

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