Tran (Migration)

The Administrative Appeals Tribunal considered the case of Tran, involving applicants seeking a Student (Temporary) (Class TU) visa, subclass 500. The primary issue before the Tribunal was whether the applicants met the genuine temporary entrant criteria. However, it became apparent during the hearing that the applicants failed to satisfy other essential criteria for the grant of a student visa.

The court was required to determine if the applicants met the mandatory criteria for a subclass 500 Student visa, specifically focusing on clause 500.211 of Schedule 2 to the Regulations, which mandates evidence of current enrolment in a course of study at the time of the decision. The applicants did not claim to meet any alternative criteria provided within that clause.

The Tribunal reasoned that evidence of current enrolment is a fundamental requirement for a student visa, signifying a legally binding commitment between the applicant and a registered course provider. This enrolment demonstrates a present and operating commitment to completing a course of study, which is persuasive evidence of a tangible and immediate need for the visa. As the applicants could not provide evidence of current enrolment, they failed to satisfy this critical criterion. Consequently, the Tribunal affirmed the decisions not to grant the Student (Temporary) (Class TU) visas to the applicants.