Zhang (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal by an applicant for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant the visa. The central dispute revolved around whether the applicant had satisfied the criterion of being enrolled in an approved course of study in Australia.

The Tribunal was required to determine whether the applicant had provided sufficient evidence to demonstrate enrolment in a full-time registered course, as defined by the relevant regulations. This included considering whether the applicant had met the primary criteria for the visa, specifically cl.500.211 of Schedule 2 to the Regulations, which mandates enrolment in an approved course of study.

The Tribunal reasoned that the applicant had failed to provide any evidence of enrolment in a course of study in Australia. It noted that a "registered course" is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. Without such evidence, the Tribunal was not satisfied that the applicant met the criteria for the visa. The applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.