Zhang (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), by the applicant, Zhang, and a dependent applicant, Mrs Junqin Chen. The Administrative Appeals Tribunal was required to determine whether the applicants met the criteria for the grant of the visa, specifically whether the primary applicant was enrolled in a course of study at the time of the decision. The Tribunal had previously invited the applicant to respond to information under s 359(2) of the Migration Act 1958 (Cth), but no response was received, and the Tribunal declined an indefinite adjournment of the decision.

The central legal issue before the Tribunal was whether the primary applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994 (Cth), 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 clause 500.311 in relation to the dependent applicant, which requires the applicant to be a member of the family unit of a primary person who holds a student visa and has satisfied the primary criteria for that visa.

The Tribunal reasoned that the definition of "course of study" in clause 500.111 required a "full-time registered course," and "registered course" referred to a course provided by an institution registered under the Education Services for Overseas Students Act 2000 (Cth). As there was no evidence before the Tribunal that the primary applicant was currently enrolled in such a course, the Tribunal was not satisfied that clause 500.211 was met. Consequently, the Tribunal found that the primary applicant did not satisfy the criteria for the grant of a Subclass 500 visa. Furthermore, because the primary applicant failed to satisfy the primary requirements, the dependent applicant also failed to satisfy clause 500.311.

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