Usain (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The applicant had applied for this visa, and the decision under review was a refusal to grant it. The Tribunal was asked to determine whether the applicant met the criteria for this visa subclass.

The central legal issue before the Tribunal was whether the applicant was enrolled in an approved course of study at the time of the decision, as required by clause 500.211 of the Migration Regulations 1994. This clause mandates that an applicant must be enrolled in a "full-time registered course," which is further defined as a course provided by an institution registered to offer such courses to overseas students under the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that no evidence had been presented to demonstrate the applicant's enrolment in a course of study in Australia. Consequently, the Tribunal was not satisfied that the applicant met the requirement of clause 500.211. As this primary criterion was not met, and the applicant did not claim to meet alternative criteria or the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the Subclass 500 (Student) visa.