Saputra (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, reviewed by the Administrative Appeals Tribunal. The applicant, Mr. Saputra, sought to have a decision not to grant him this visa set aside.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically the requirement under cl.500.211 of the Migration Regulations 1994 that the applicant be enrolled in an approved course of study at the time of the decision. The Tribunal was also required to consider the definitions of "course of study" and "registered course" as provided in the Regulations.

The Tribunal reasoned that to be eligible for a student visa, an applicant must be enrolled in a full-time registered course at the time of the decision. The applicant had been invited to provide a current Certificate of Enrolment (COE) or other evidence of enrolment, but failed to do so. At the hearing, the applicant conceded he had ceased studying after his initial visa refusal due to financial concerns and was awaiting confirmation of a bank loan for financial support. As no evidence of current enrolment was provided at or after the hearing, the Tribunal was not satisfied that the applicant met the criterion under cl.500.211. Consequently, the Tribunal found that the criteria for the grant of the visa were not met.

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