Subedi (Migration)

This matter concerned an appeal by Manjil Subedi against the refusal of his Student (Temporary) (Class TU) visa, subclass 500. The Administrative Appeals Tribunal was required to determine whether Mr Subedi met the mandatory enrolment requirements for a student visa at the time of the Tribunal's decision.

The Tribunal was asked to consider whether Mr Subedi was enrolled in a course of study, as stipulated by clause 500.211 of the Migration Regulations 1994. This clause mandates that an applicant must be enrolled in a principal course of study at the time of the decision, with limited exceptions not applicable in this case. A "course of study" is defined as a full-time registered course, and a "registered course" refers to one provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal noted that while the initial visa refusal by the Department was based on financial capacity (clause 500.214), the issue before the Tribunal was solely the applicant's enrolment status. Mr Subedi acknowledged being aware of the mandatory enrolment requirement. As he did not present evidence of enrolment or a valid offer of enrolment, he failed to satisfy this essential criterion for a student visa.

Consequently, the Tribunal affirmed the decision to refuse the visa application.