Singh (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, reviewed by the Administrative Appeals Tribunal. The applicant sought to have a decision not to grant the visa affirmed.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically whether the applicant was enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Regulations. A "course of study" was defined as a "full-time registered course," with "registered course" referring to a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

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. The Tribunal found there was no evidence presented to demonstrate the applicant's enrolment in such a course. Consequently, the Tribunal was not satisfied that this essential criterion was met. As the applicant did not claim to meet alternative visa criteria, including those for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the applicant did not satisfy the requirements for the grant of a Subclass 500 visa.

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