Timilsina Sapkota (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Tribunal. The applicant sought review of a decision to refuse the visa. The applicant did not attend the hearing and had departed Australia.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically criterion 500.211, which requires the applicant to be enrolled in a registered course of study at the time of the decision. The Tribunal also considered whether the applicant met the Genuine Temporary Entrant criterion, though it determined this was not necessary to decide given the findings on enrolment.

The Tribunal reasoned that clause 500.211 of the Regulations mandates enrolment in a full-time registered course at the time of the decision. A "registered course" is defined by reference to the Education Services for Overseas Students Act 2000. As there was no information before the Tribunal indicating the applicant was enrolled in such a course, the Tribunal concluded that criterion 500.211 was not met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the grant of the visa.

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