Randhawa (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by an applicant whose previous visa decision was under review. The applicant sought to have the decision not to grant the visa set aside.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion of being enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must be enrolled in a "full-time registered course," with "registered course" defined by reference to the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that to satisfy clause 500.211, the applicant needed to provide evidence, such as a Confirmation of Enrolment, demonstrating current enrolment in a full-time registered course. Upon reviewing the Department's and the Tribunal's files, the Tribunal found no such evidence. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion. As this was a primary criterion for the visa, and the applicant did not claim to meet alternative visa criteria, the Tribunal concluded that the criteria for the grant of a Subclass 500 visa were not met.

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