Su (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa (Subclass 500) by a Chinese national. The applicant had previously studied in Australia, obtaining a Bachelor of Business and Commerce and a Master of Professional Accounting. The decision under review was made by the Administrative Appeals Tribunal (AAT), presided over by Member Michael Biviano.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically whether she was a genuine applicant for entry and stay as a student, and crucially, whether she was enrolled in a registered course of study at the time of the decision. The Tribunal was required to consider the definition of "course of study" as a "full-time registered course" and "registered course" as defined in the *Migration Regulations 1994*.

The Tribunal noted that the applicant had provided a Confirmation of Enrolment (COE) for a Diploma of Project Management at the Australian National Institute of Business and Technology (ANIBT) from October 2019 to October 2020. However, no further COE was provided to the delegate or the Tribunal. The Tribunal had invited the applicant to provide information regarding her enrolment and her genuine intention to study in Australia. As the applicant did not provide sufficient information to satisfy the Tribunal that she met the enrolment requirement under clause 500.211 of Schedule 2 to the Regulations, she failed to meet the criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas. The Tribunal found that the applicant did not meet the requirements of clause 500.211, and by extension, the secondary applicant also failed to meet the criteria for the grant of a student visa.