1615710 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 573. The applicant had initially provided a Confirmation of Enrolment (CoE) for a Bachelor of Games Design and Development, which was subsequently cancelled. The applicant then provided a new CoE for a Bachelor of Business course, which was confirmed by PRISMS records as current and active. The decision was made by Karen Synon, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 573.222 of the Regulations, which requires enrolment in an acceptable course of study. This involved determining if the applicant had provided a current and valid CoE for a course that had not been cancelled.

The Tribunal reasoned that the applicant had provided a current CoE for a Bachelor of Business course, and PRISMS records confirmed that this course was not cancelled and that the applicant was actively studying it. Therefore, the Tribunal concluded that clause 573.222 was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfied this specific criterion.