Zhou (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by the applicant, Zhou. The Administrative Appeals Tribunal (AAT), constituted by Member Wendy Banfield, was required to determine whether the applicant met the criteria for the grant of this visa.

The central legal issue before the Tribunal was whether the applicant was enrolled in a registered course of study at the time of the decision, as mandated by clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant to be enrolled in a "full-time registered course," with "registered course" defined by reference to the Education Services for Overseas Students Act 2000. The applicant did not claim to meet any alternative criteria.

The Tribunal noted that the applicant had been invited to a hearing and requested to provide a current Certificate of Enrolment (COE) or other evidence of enrolment. The applicant failed to attend the scheduled hearing and did not provide the requested documentation, nor did they seek an adjournment or contact the Tribunal. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study as required by clause 500.211. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal found that the criteria for the subclass 500 visa were not met.

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