Singh (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically the requirement of being enrolled in a registered course of study.

The central legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. The Tribunal considered the definitions of "course of study" and "registered course" as provided in the Regulations and the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that the applicant had not provided evidence of current enrolment in a registered course of study. In response to a request for information, the applicant stated they did not possess a confirmation of enrolment. Without this confirmation or other evidence of enrolment, the Tribunal was not satisfied that clause 500.211 was met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for a Subclass 500 (Student) visa and did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. The Tribunal affirmed the decision not to grant the visa.