Zhu (Migration)

This matter concerned an application by Ms Zhu for review of a decision by a delegate of the Minister for Home Affairs to refuse her a Student (Temporary) (Class TU) visa, Subclass 500. The delegate’s refusal, made on 20 December 2018, was based on the applicant not satisfying clause 500.2.1.2 of Schedule 2 to the Migration Regulations 1994, as the delegate was not satisfied that Ms Zhu was a genuine student intending to stay in Australia temporarily. Ms Zhu had applied for the visa on 31 August 2018 to undertake study in Australia.

The primary legal issue before the Tribunal was whether Ms Zhu met the enrolment requirements for a student visa at the time of the Tribunal's decision. Specifically, the Tribunal had to determine if Ms Zhu was enrolled in a course of study as required by clause 500.2.1.1 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the applicant must be enrolled in a "full time registered course," with "registered course" defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000 to provide courses to overseas students.

The Tribunal noted that while the delegate considered the applicant to be a genuine temporary entrant, the Tribunal's focus was on current enrolment. Ms Zhu had been invited to provide evidence of her current enrolment at least seven days before the hearing on 8 May 2020, but this evidence was not provided. At the hearing, Ms Zhu stated she was enrolled in a Diploma of Leadership & Management, with two months remaining, and intended to undertake an Advanced Diploma of Leadership & Management thereafter. However, without documentary evidence of her current enrolment in a registered course, the Tribunal could not be satisfied that this criterion was met.