Sran (Migration)

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

The Tribunal was required to determine whether the applicant met the 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 whether the applicant had provided sufficient evidence of such enrolment, particularly in light of an invitation to provide further information to which no response was given.

The Tribunal found that the applicant had not provided evidence of current enrolment in a course of study, nor had they responded to the invitation to provide further information. The applicant had proposed to study an Advanced Diploma of Leadership and Management until August 2020, but no further information or evidence of this enrolment was submitted. The Tribunal noted that the applicant had departed Australia on a Bridging Visa B, which had since expired, and had not returned. As clause 500.211 requires enrolment in a "full-time registered course" at the time of the decision, and no evidence of this was presented, the Tribunal concluded that this criterion was not met.

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