Sim (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The review was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the Subclass 500 visa, as set out in Part 500 of Schedule 2 to the Regulations. Specifically, the Tribunal had to determine if the applicant met the requirements of clause 500.211, which mandates that an applicant be enrolled in a course of study, or satisfy one of several alternative conditions.

The Tribunal found that it did not have before it recent evidence demonstrating that the applicant was presently enrolled in a course of study, a requirement under clause 500.211(a). Consequently, the Tribunal was not satisfied that this primary criterion had been met. The Tribunal affirmed the delegate's decision not to grant the visa.