Soo (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 criteria for this visa subclass at the time of the decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion stipulated in clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal also considered the definition of "course of study" as a "full-time registered course" under clause 500.11 of Schedule 2.

The Tribunal found that the applicant was not enrolled in a full-time registered course of study at the time of the decision. Consequently, the Tribunal was not satisfied that the applicant met the primary criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet any alternative criteria or the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the visa.