Yeo (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant had not responded to an invitation issued under s 359(2) of the Migration Act 1958 (Cth) and was therefore not entitled to appear before the Tribunal. The central issue before the Tribunal was whether the applicant met the criteria for the visa, specifically concerning their enrolment status.

The Tribunal was required to determine whether the applicant satisfied the primary criteria for a Subclass 500 (Student) visa, as set out in Part 500 of Schedule 2 to the Migration Regulations 1994 (Cth). The specific criterion in question was cl.500.211(a), which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the definitions of 'course of study' and 'registered course' within the Regulations and the Education Services for Overseas Students Act 2000 (Cth).

The Tribunal reasoned that there was no evidence before it demonstrating that the applicant was currently enrolled in a course of study. Consequently, the Tribunal was not satisfied that the applicant met the requirements of cl.500.211(a). As this criterion was not met, and the applicant did not claim to satisfy any alternative criteria for the Subclass 500 visa or meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa.

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