Syu (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), where the applicant sought review of a decision to affirm the refusal of their visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically focusing on the requirement of current enrolment in a registered course of study.

The central legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a full-time registered course of study at the time of the decision. The Tribunal considered the definition of "course of study" and "registered course" as provided in the Regulations.

The Tribunal reasoned that evidence of current enrolment is a fundamental prerequisite for a student visa, demonstrating a tangible commitment to study and a need for the visa. It noted that all student visas are subject to a continuing condition of enrolment, and without current enrolment, the visa would be breached upon grant. The Tribunal found that the material before it indicated the applicant was not currently enrolled in a registered course of study. As the enrolment criterion in clause 500.211 was not met, the Tribunal concluded there was no administrative utility in considering other primary criteria for the visa.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.