TRAD (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by an applicant born in Saudi Arabia and a citizen of Lebanon. The applicant's visa application was refused by the delegate, and the applicant sought review of that decision before the Tribunal. The primary issue before the delegate had been whether the applicant was a genuine temporary entrant, but the issue before the Tribunal became whether the applicant met the enrolment requirement for a student visa at the time of the Tribunal's decision.

The Tribunal was required to determine whether the applicant satisfied the enrolment criteria as stipulated in clause 500.211(a) of Schedule 2 to the Regulations, which 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. The applicant provided Confirmation of Enrolment Certificates for several courses, but also provided information regarding the status of his actual enrolments.

The Tribunal found that while the applicant had been enrolled in various courses, including an English course, a Masters course, and a Certificate III in Painting and Decorating, he had not commenced or completed several other courses for which he had provided enrolment confirmations. Crucially, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the Tribunal's decision. Consequently, the Tribunal concluded that clause 500.211 was not met.

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