Shahbaz (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Administrative Appeals Tribunal. The applicant failed to provide requested information regarding their enrolment in a course of study, leading to the Tribunal's consideration of whether the genuine temporary entrant criterion and the enrolment criterion were met.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. The definition of "course of study" was also relevant, requiring it to be a "full-time registered course," with "registered course" referring to a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that the applicant had not provided evidence of current enrolment in a registered course of study. Despite being invited on two occasions to supply this information, the applicant failed to do so. A check of the Provider Registration and International Student Management System (PRISMS) confirmed that the applicant did not hold a current Confirmation of Enrolment. Consequently, the Tribunal was not satisfied that clause 500.211 was met, and therefore, the criteria for the grant of the visa were not satisfied. The applicant also 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.