YUAN (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The review applicant failed to provide requested information within the prescribed period and did not seek an extension of time. Consequently, the Tribunal proceeded to a decision without further steps to obtain information and without permitting the applicant to appear, relying on the effect of s.363A of the Migration Act 1958 (Cth) and the principles established in *Hasran v MIAC* [2010] FCAFC 40.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically cl.500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a registered course of study at the time of the decision. The Tribunal considered the definitions of "course of study" and "registered course" as provided in the Regulations.

The Tribunal reasoned that while the Department's file indicated a previous enrolment in an Advanced Diploma of Leadership and Management, there was no evidence before the Tribunal demonstrating the applicant's current enrolment in a registered course of study. As the applicant did not claim to meet any alternative criteria under cl.500.211, nor did they claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the essential criteria for the grant of the Subclass 500 visa were not met.

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