Shahidan (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to challenge the refusal of their visa application before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically whether the applicant was enrolled in a registered course of study at the time of the Tribunal's decision, as required by clause 500.211 of Schedule 2 to the Regulations. The Tribunal also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that clause 500.211 requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The applicant failed to provide any information or evidence to the Tribunal in response to a request for information, and no confirmation of enrolment documents were present in the Department's file before the Tribunal. While the delegate may have been satisfied of enrolment at the time of the initial decision, the Tribunal was not satisfied that the applicant was enrolled in a registered course of study at the time of its own consideration. Consequently, the Tribunal found that clause 500.211 was not met.

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