SA-NGAPET (Migration)

The Administrative Appeals Tribunal considered the case of SA-NGAPET, an applicant for a Student (Temporary) (Class TU) visa, subclass 500. The dispute centred on whether the applicant met the criteria for this visa, specifically concerning their enrolment in a course of study at the time of the decision.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a 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 reasoned that clause 500.211 was a mandatory criterion for the grant of a subclass 500 visa. It found that there was no evidence before it demonstrating that the applicant was currently enrolled in a full-time registered course of study. Consequently, the Tribunal was not satisfied that this primary criterion was met. As the applicant did not claim to meet alternative visa criteria, such as those for a subclass 590 (Student Guardian) visa, the Tribunal concluded that the applicant did not satisfy the requirements for the subclass 500 visa.

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