Zheng (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), before the Tribunal. The applicant sought review of a decision not to grant the visa. The central dispute revolved around whether the applicant met the criteria for a genuine student, specifically concerning their current enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal was also required to consider 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 clause 500.211 was not met because there was no evidence before it demonstrating that the applicant was currently enrolled in a full-time registered course of study. The applicant did not claim to satisfy any alternative criteria for enrolment. Consequently, the Tribunal concluded that the applicant had failed to satisfy a primary criterion for the grant of a Subclass 500 visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500, as the criteria for its grant were not met. The applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.