Torres Galdino De Lima (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant, Torres Galdino De Lima, sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically whether she was enrolled in an approved course of study at the time of the decision. The relevant regulation, cl.500.211(a), requires an applicant to be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered to provide such courses to overseas students under the *Education Services for Overseas Students Act 2000*.

The Tribunal noted that the applicant was invited to provide a current Certificate of Enrolment (COE) or other evidence of enrolment, but failed to do so. During the hearing, the applicant explained her circumstances, including her initial arrival as a visitor, her decision to study English, the difficulty of the course she commenced, and her subsequent attempts to study with a private tutor. Despite considering the applicant's stated desire to learn English and her reasons for applying for the visa, the Tribunal found that she had not provided evidence of enrolment in an approved course of study at the time of the decision. As this was a threshold requirement for the visa, the Tribunal concluded that the criteria for the grant of the visa were not met.

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