Thompson (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Subclass 500 (Student) visa made by the applicant, Mr. Thompson. The primary issue before the Tribunal was whether the applicant met the criteria for a genuine temporary entrant, as stipulated in clause 500.212 of Schedule 2 to the Regulations.

The legal issue before the Tribunal was whether the applicant satisfied the enrolment requirement for a student visa under clause 500.211(a) of Schedule 2 to the Regulations at the time of the Tribunal's decision. This clause requires an applicant to be enrolled in a full-time registered course of study. The applicant had initially been enrolled in a Bachelor of Exercise and Sport Science, but subsequent checks revealed he had ceased enrolment and was not enrolled in any registered course of study.

The Tribunal reasoned that the applicant had not claimed to meet any alternative criteria for enrolment and there was no evidence to suggest he did. Following notification to the applicant under section 359A of the Act, inviting comment on the information that his PRISMS record indicated he did not hold a current Confirmation of Enrolment and was not studying, the Tribunal confirmed this information. The Tribunal concluded that as the applicant was not enrolled in a registered course of study at the time of the decision, he did not meet the primary criteria for the grant of a Subclass 500 (Student) visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.