Spollen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The applicant had failed to provide requested information within the prescribed period, and the core of the dispute revolved around whether the applicant was currently enrolled in a registered course of study, a key criterion for the visa.

The Tribunal was required to determine if the applicant satisfied the primary criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. The Tribunal also needed to consider the definition of a "course of study" as a "full-time registered course" and what constitutes a "registered course" under the Education Services for Overseas Students Act 2000.

The Tribunal acknowledged that the applicant had previously provided Confirmation of Enrolment documents for a packaged course in Human Resources. However, the Tribunal found that the applicant had not provided any evidence to demonstrate their continued enrolment at the time of the Tribunal's decision. Given the passage of time since the initial enrolment, the Tribunal was not satisfied that the applicant remained enrolled in a full-time registered course of study. Consequently, clause 500.211 was not met.

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