VOO (Migration)

The Administrative Appeals Tribunal considered the case of VOO (Migration), where the applicant sought review of a decision not to grant a Subclass 500 (Student) visa. The core of the dispute revolved around the applicant's failure to satisfy the visa criteria, specifically regarding their enrolment in a registered course of study.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 visa, as stipulated in Part 500 of Schedule 2 to the Regulations. The central issue was whether the applicant was presently enrolled in a course of study, as mandated by clause 500.211(a) of the Regulations, and whether the delegate's decision to refuse the visa was correct.

The Tribunal found that it did not have before it recent evidence demonstrating the applicant's current enrolment in a course of study. Consequently, the Tribunal was not satisfied that the applicant met the primary criterion under clause 500.211(a). The Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa.