Adhikary (Migration)

In *Adhikary (Migration)*, the Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied the enrolment requirement for a student visa, specifically clause 500.211 of Schedule 2 to the Regulations. This clause requires that at the time of the decision, the applicant is enrolled in a "full-time registered course," with "registered course" defined by reference to the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that the evidence provided, including a Confirmation of Enrolment (COE) and confirmation from PRISMS records, satisfied the Tribunal that the applicant was enrolled in a course of study at the time of the decision. Consequently, clause 500.211 was met.

The Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant met the enrolment criteria under clause 500.211.