Wewala Gamage (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to have the decision of the Department affirmed by the Tribunal. The Tribunal, constituted by Vanessa Plain, considered the evidence and claims before it.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically whether the applicant was enrolled in a registered course of study at the time of the decision, as required by clause 500.211(a) of Schedule 2 to the Regulations. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in the Regulations and the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that clause 500.211(a) mandates that an applicant must be enrolled in a registered course of study at the time of the decision. The Tribunal had invited the applicant to provide further information to satisfy this criterion, but the applicant failed to respond. Consequently, there was no evidence before the Tribunal demonstrating the applicant's enrolment in a registered course of study. As this essential criterion was not met, the Tribunal found that the applicant did not satisfy the requirements for a Subclass 500 (Student) visa.

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