Xu (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant sought review of a decision to refuse the visa. The primary issue before the Tribunal was whether the applicant met the criteria for a genuine temporary entrant for the purpose of study.

The Tribunal was required to determine if the applicant satisfied the enrolment criterion under clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause mandates that at the time of the decision, the applicant must be enrolled in a full-time registered course of study. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in the Regulations and the Education Services for Overseas Students Act 2000 (Cth).

The Tribunal found that there was no evidence before it demonstrating that the applicant held a current Certificate of Enrolment, or any certificate of enrolment since 16 November 2021. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, meaning clause 500.211 was not met. As this was a primary criterion for the visa, and the applicant did not claim to meet alternative criteria or the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not satisfied.

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