Sumadi (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the grant of this visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

The central legal issue before the Tribunal was whether the applicant satisfied the enrolment requirements for a student visa at the time of the decision. Specifically, the Tribunal considered clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a course of study. The Tribunal also had regard to the definitions of "course of study" and "registered course" within the Regulations and the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that clause 500.211(a) mandates enrolment in a course of study at the time of the decision. The applicant had indicated they were not enrolled, and evidence, including a PRISMS record, confirmed that the applicant had ceased enrolment on 15 October 2018. As no evidence of current enrolment was provided, the Tribunal was not satisfied that the applicant met this primary criterion. Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.