Zhou (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by the applicant, Zhou. The dispute before the Tribunal, presided over by Member Penelope Hunter, centred on whether the applicant had satisfied the criterion of being enrolled in a course of study at the time of the decision.

The primary legal issue before the Tribunal was to determine if the applicant met the requirements of clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. The definition of "course of study" under clause 500.111 requires it to be a "full-time registered course," with "registered course" defined in regulation 1.03 as a course provided by an institution registered under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that the applicant's Confirmation of Enrolment, indicating enrolment in a Doctor of Philosophy – Photovoltaic Engineering at the University of New South Wales from 6 April 2016 to 31 March 2020, satisfied the definition of a course of study. Further verification through the Provider Registration and International Student Management System confirmed the applicant was currently studying. Consequently, the Tribunal was satisfied that clause 500.211 was met.

The Tribunal's decision was to remit the application for the Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 500.211.