Sunurat (Migration)

The Administrative Appeals Tribunal considered the case of Sunurat, an applicant for a Student (Temporary) (Class TU) visa, subclass 500. The dispute centred on whether the applicant met the criteria for the visa, specifically concerning their enrolment in a course of study at the time of the decision.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in 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, and that a "course of study" must be a "full-time registered course." A "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal found no evidence before it demonstrating that the applicant was currently enrolled in such a course. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

As the applicant did not claim to meet any alternative criteria for the subclass 500 visa, nor did they 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.