Siow (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 to refuse to grant the visa. The central dispute revolved around whether the applicant satisfied the criterion of being enrolled in a course of study at the time of the decision.

The Administrative Appeals Tribunal was required to determine whether the applicant met the primary criteria for a subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a course of study at the time of the decision. The Tribunal also considered the definitions of "course of study" and "registered course" as relevant to this determination.

The Tribunal reasoned that clause 500.211(a) mandates enrolment in a course of study at the time of the decision. It noted that a "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered to provide such courses to overseas students. The applicant had confirmed in a questionnaire that they did not possess a current Confirmation of Enrolment (COE). Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study, meaning clause 500.211 was not met. As the applicant did not claim to meet alternative visa criteria, including those for a subclass 590 (Student Guardian) visa, the Tribunal affirmed the original decision.