SIN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the genuine temporary entrant criterion, specifically the requirement of being currently enrolled in a registered course of study. The applicant had not provided any information to the Tribunal in response to an invitation to do so.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of the Regulations, which mandates that an applicant for a Subclass 500 visa must be enrolled in a full-time registered course of study at the time of the decision. A "registered course" is defined by reference to the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that, in the absence of any evidence provided by the applicant, it could not be satisfied that the applicant was currently enrolled in a registered course of study. This failure to satisfy a primary criterion meant that the applicant did not meet the requirements for the Subclass 500 visa. As the applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the original decision not to grant the visa.