SHRESTHA (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Shrestha concerning her application for a Subclass 500 (Student) visa. The dispute centred on whether Ms. Shrestha met the eligibility criteria for this visa, specifically the requirement of being enrolled in an approved course of study at the time of the decision.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 500.211 of the Migration Regulations 1994, which mandates that an applicant for a Subclass 500 visa must be enrolled in a course of study at the time of the decision. The Tribunal was required to assess the evidence presented by Ms. Shrestha against this regulatory requirement.

The Tribunal reasoned that a "course of study" for the purposes of the visa is defined as a "full-time registered course," which in turn requires registration under the Education Services for Overseas Students Act 2000. During the hearing, Ms. Shrestha provided evidence that she had ceased studying a Certificate IV in Business Administration due to pregnancy and childbirth. She confirmed that she was not currently enrolled in any course of study. Consequently, the Tribunal found that clause 500.211 was not met, as the applicant was not enrolled in an approved course of study at the time of the decision.

Based on these findings, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not satisfied. Accordingly, the Tribunal affirmed the decision not to grant the applicant the visa.