1604126 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 572 Vocational Education and Training Sector visa. The applicant had been refused the visa by the delegate on the basis that they did not have relevant enrolment in a course of study sufficient to satisfy clause 572.231 of Schedule 2 to the Regulations. The decision under review was made by the Tribunal, with Member Adrian Ho presiding.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements stipulated by clause 572.231. This clause relates to having a relevant enrolment in a course of study that satisfies specific criteria for the visa subclass.

The Tribunal found that since the delegate's decision, the applicant had acquired enrolment in a VET sector advanced diploma of marketing, scheduled to conclude in February 2017. Relevant PRISMS records indicated the applicant was "studying" and that the course was specified for Subclass 572 visas. Consequently, the Tribunal concluded that the applicant now met clause 572.231. Given this finding, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first-named applicant met clause 572.231.