SAVALIYA (Migration)

The Administrative Appeals Tribunal considered the case of Savaliya, concerning an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student). The applicant sought to review the decision to refuse their visa application.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations. This clause requires that at the time of the decision, the applicant must be enrolled in a "full-time registered course," as defined by the Regulations.

The Tribunal noted that the applicant had completed the Bachelor of Information Technology at Flinders University, which was the initial course for which the visa was sought. However, at the time of the Department's decision, the applicant was not enrolled in a course. While the applicant claimed to have subsequently decided to pursue a Master's degree, the Tribunal found that it was too late to gain admission for the current university semester. An offer of enrolment from Performance Education Group had also expired, and the applicant had not proceeded with it. The Tribunal concluded that the applicant had not satisfied the requirement of being enrolled in a course of study at the time of the decision.

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