THONGKHAI (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Tribunal. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the visa, specifically whether the applicant was enrolled in a registered course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Regulations. The Tribunal also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that clause 500.211 requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. A registered course is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal found that the Department's file and the Tribunal's own file did not contain a Confirmation of Enrolment or other documentary evidence establishing the applicant's current enrolment in a registered course of study. Consequently, the Tribunal was not satisfied that the applicant met the criteria under clause 500.211.

As the applicant did not claim to meet the criteria for a Subclass 590 visa and had failed to satisfy the primary criteria for the Subclass 500 visa, the Tribunal affirmed the decision not to grant the visa.