SINGH (Migration)

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

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion of being enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if the applicant was enrolled in a "full-time registered course" as defined by the Regulations.

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, and the applicant did not claim to meet any alternative criteria. The definition of "course of study" includes a "full-time registered course," which in turn requires registration under the Education Services for Overseas Students Act 2000. The Tribunal found there was no evidence before it demonstrating the applicant's current enrolment in such a course. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion, and therefore did not meet the criteria for the grant of a Subclass 500 visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, noting that the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.