XU (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by the applicant. The central dispute concerned whether the applicant met the enrolment criteria for the visa.

The Tribunal was required to determine whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as stipulated by clause 500.211 of Schedule 2 to the Regulations. The Tribunal also considered whether the applicant had provided evidence of such enrolment.

The Tribunal reasoned that clause 500.211 requires an applicant to be enrolled in a full-time registered course at the time of the decision. It found that there was no evidence before it demonstrating the applicant's current enrolment in such a course. Consequently, the Tribunal was not satisfied that the applicant met this primary criterion for the Subclass 500 visa.

As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, and the primary criteria for the Subclass 500 visa were not met, the Tribunal affirmed the decision not to grant the visa.