SAWANGWONG (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application by a person seeking a Subclass 500 (Student) visa. The dispute concerned whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a course of study.

The primary legal issue before the Tribunal was whether the applicant had satisfied the primary criteria for a Subclass 500 (Student) visa, as set out in clause 500.211 of Schedule 2 to the Regulations. This clause requires, among other things, that the applicant be enrolled in a course of study.

The Tribunal found that it did not have evidence that the applicant was presently enrolled in an approved course of study, as required by clause 500.211(a). Consequently, the Tribunal was not satisfied that this primary criterion had been met. The Tribunal also decided not to exercise its discretion to further adjourn the review to allow the applicant more time to provide evidence.

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