Shahid (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by the applicant. The delegate had refused to grant the visa, finding that the applicant did not satisfy clause 500.212 of Schedule 2 to the Migration Regulations 1994, as they were not satisfied the applicant genuinely intended to stay temporarily in Australia. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant met the criterion in clause 500.211(a) of the Migration Regulations 1994, which requires that at the time of the decision, the applicant is enrolled in a registered course of study. The applicant did not claim to meet any alternative criteria within clause 500.211.

The Tribunal reasoned that the applicant's eligibility for a student visa was contingent on being enrolled in an approved course of study at the time of the decision. The Tribunal was satisfied that the applicant understood this requirement, as it was outlined at the commencement of the telephone hearing, which was held due to the COVID-19 pandemic. The Tribunal considered all evidence and submissions provided by the applicant, including documents submitted prior to the hearing. The Tribunal affirmed the delegate's decision.