Wong (Migration)

This matter concerned an application for review of a decision not to grant a Student (Temporary) (Class TU) visa, subclass 500. The applicant, Mr. Wong, sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Wong satisfied the criteria for a Subclass 500 visa, specifically the requirement under cl.500.211 of Schedule 2 to the Regulations that an applicant be enrolled in a course of study. The Tribunal also considered whether to exercise its discretion to adjourn the review further.

The Tribunal considered information from the Provider Registration and International Student Management System, which indicated that Mr. Wong did not hold a current Confirmation of Enrolment. As Mr. Wong was not presently enrolled in a course of study, he failed to satisfy the criterion in cl.500.211(a). The Tribunal also noted that Mr. Wong had not responded to invitations to comment and decided not to exercise its discretion to adjourn the review further. Consequently, the Tribunal affirmed the decision not to grant the visa.