SUBRAMANIAN (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, specifically concerning their enrolment in a registered course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion in clause 500.211 of the Regulations, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered whether the applicant met the criterion in clause 500.212, though the focus of the decision was on clause 500.211.

The Tribunal reasoned that clause 500.211 mandates enrolment in a "full-time registered course," defined by the Regulations as a course provided by an institution registered to offer such courses to overseas students. Evidence before the Tribunal indicated that the applicant had ceased studying prior courses and, according to current PRISMS records and the applicant's own confirmation at the hearing, was not currently enrolled in any course of study. Despite considering the applicant's reasons for non-enrolment, the Tribunal was not satisfied that the criterion in clause 500.211 was met.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.