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, constituted by Member Roger Maguire, was required to determine whether the applicant met the criteria for the visa, specifically focusing on the requirement of enrolment in a registered course of study.

The central legal issue before the Tribunal was whether the applicant was enrolled in a "full-time registered course" at the time of the decision, as stipulated by clause 500.211 of Schedule 2 to the Regulations. A "registered course" was defined by reference to the Education Services for Overseas Students Act 2000, requiring provision by an institution registered to offer such courses to overseas students.

The Tribunal found that there was no evidence before it to establish that the applicant was currently enrolled in a course of study. Consequently, the Tribunal was not satisfied that clause 500.211 had been met. As this was a primary criterion for the grant of a Subclass 500 visa, and the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision under review.