Zhang (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), by an applicant identified as Zhang. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision.

The Tribunal reasoned that clause 500.211 required evidence of current enrolment in a full-time 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 visa. As the applicant did not claim to meet alternative visa criteria, such as those for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the criteria for the grant of the Subclass 500 visa were not met.

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