Wong (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The review applicant, Mr. Wong, sought to challenge the delegate's decision before the Tribunal.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, particularly the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a course of study. The Tribunal also considered whether the applicant had been afforded a fair opportunity to provide necessary information.

The Tribunal found that it did not have before it recent evidence demonstrating the applicant's current enrolment in a course of study, a mandatory criterion under clause 500.211(a). While the applicant had provided the delegate's decision record, this did not constitute current evidence of enrolment. The Tribunal noted that it had not been satisfied that the applicant was presently enrolled in a course of study. Consequently, the Tribunal affirmed the decision not to grant the visa.