Rui (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 visa, specifically whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Regulations.

The Tribunal reasoned that clause 500.211(a) mandates that an applicant must be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under 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 the applicant met the criteria for the visa.

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