ABIDIN (Migration)

The applicant sought review of a decision concerning their application for a Student (Temporary) (Class TU) visa, Subclass 500. The Administrative Appeals Tribunal (AAT) considered the matter.

The primary legal issue before the Tribunal was whether the applicant met the criterion requiring enrolment in a registered course, as stipulated by cl.500.211 of Schedule 2 to the Regulations.

The Tribunal's reasoning was based on new evidence provided by the applicant, specifically a Confirmation of Enrolment for a Diploma of Leadership and Management. This document indicated that the applicant was enrolled in a course commencing on 13 August 2018 and scheduled for completion on 29 July 2019. Being satisfied that this new evidence demonstrated compliance with the enrolment criterion, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for reconsideration, with the direction that the applicant meets the specified criteria for a Subclass 500 visa.