SANTIAGO (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 registered course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Regulations. The Tribunal also considered whether the applicant intended to stay temporarily in Australia and whether the applicant had been afforded a fair opportunity to respond to the Tribunal's correspondence.

The Tribunal reasoned that clause 500.211 required the applicant to be enrolled in a "full-time registered course," defined by reference to the Education Services for Overseas Students Act 2000. As there was no evidence before the Tribunal demonstrating the applicant's current enrolment in such a course, the Tribunal was not satisfied that this criterion was met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the visa. The Tribunal also noted that 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.