WONG (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by Mr. Wong. The dispute centred on whether Mr. Wong met the eligibility criteria for this visa subclass.

The primary legal issue before the Tribunal was whether Mr. Wong was enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must be enrolled in a "full-time registered course," which is defined as a course provided by an institution registered to offer such courses to overseas students.

The Tribunal reasoned that clause 500.211(a) required the applicant to be enrolled in a course of study at the time of the decision. As there was no evidence presented to the Tribunal demonstrating Mr. Wong's current enrolment in such a course, the Tribunal was not satisfied that this criterion was met. Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 visa were not satisfied. The applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

The Tribunal affirmed the decision not to grant Mr. Wong a Student (Temporary) (Class TU) visa.