Reyes (Migration)

The Administrative Appeals Tribunal considered the case of Mr Franco Akia Reyes, who sought review of a decision not to grant him a Subclass 500 (Student) visa. The applicant's family members, Mrs Raquel DE GUZMAN and another dependent applicant, were also affected by the decision. The core of the dispute concerned whether the applicant met the criteria for a student visa, specifically the requirement of being enrolled in a registered course of study.

The Tribunal was required to determine whether the applicant satisfied the primary criteria for a Subclass 500 (Student) visa, as set out in Part 500 of Schedule 2 to the Migration Regulations. The key issue was whether the applicant was enrolled in a "full-time registered course" at the time of the decision, as stipulated by clause 500.211 of the Regulations. Additionally, the Tribunal had to consider whether the dependent applicants met the criteria for a student visa, specifically clause 500.311, which requires them to be a member of the family unit of a primary applicant who holds a student visa and has satisfied the primary criteria.

The Tribunal found that there was no evidence before it to demonstrate that the applicant was currently enrolled in a course of study. Consequently, clause 500.211 was not satisfied. As the primary applicant failed to meet this essential criterion, the Tribunal concluded that the dependent applicants also failed to satisfy clause 500.311, as it requires the primary person to have satisfied the primary criteria for the student visa. Therefore, the Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas.