Worahan (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Migration Tribunal, presided over by Member Peter Booth. The applicant sought to have a decision not to grant the visa reviewed.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 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 of the Regulations. The Tribunal also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that clause 500.211 requires an applicant to be enrolled in a full-time registered course of study. A registered course is defined by reference to the Education Services for Overseas Students Act 2000. The applicant failed to provide any evidence of their current student status or enrolment in a registered course, despite an invitation from the Tribunal to provide such information. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion, and therefore, the criteria for the Subclass 500 visa were not met.

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