XXXX (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The applicant had not responded to an invitation issued under s 359(2) of the Migration Act 1958 (Cth), which meant they were not entitled to appear before the Tribunal. The central dispute concerned whether the applicant met the criteria for the visa, specifically the requirement of being enrolled in a course of study.

The Tribunal was required to determine if the applicant satisfied the primary criteria for a Subclass 500 visa, as set out in Schedule 2 of the Migration Regulations 1994 (Cth). The specific criterion in question was cl.500.211(a), which mandates that an applicant must be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also needed to consider 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 reasoned that cl.500.211(a) required evidence of current enrolment in a registered course. It found that no such evidence had been presented to the Tribunal. Consequently, the Tribunal was not satisfied that the applicant met this essential criterion for the Subclass 500 visa. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the visa criteria were not met.

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