Yip (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The central dispute revolved around whether the applicant met the criteria for this visa, specifically concerning their enrolment status in a course of study at the time of the decision.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause requires 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.

The Tribunal reasoned that there was no evidence presented to demonstrate the applicant's current enrolment in a course of study. Consequently, the Tribunal was not satisfied that the applicant met the requirement stipulated in clause 500.211. As this was a primary criterion for the Subclass 500 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 visa criteria were not met.

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