Singh (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 eligibility requirements for this visa subclass, specifically concerning their enrolment in a course of study. The Tribunal was tasked with reviewing the initial decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, as set out in Part 500 of Schedule 2 to the Regulations. This involved determining if the applicant was enrolled in a full-time registered course of study at the time of the decision, as required by clause 500.211(a) of the Regulations. The Tribunal also considered whether the applicant met any alternative criteria, which they did not claim to do.

The Tribunal reasoned that clause 500.211(a) mandates that an applicant must be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal found no evidence before it to demonstrate that the applicant was currently enrolled in such a course. Consequently, the Tribunal was not satisfied that clause 500.211 was met. As this was a primary criterion for the visa, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not satisfied.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.