Ali (Migration)

Case

[2018] AATA 5145

12 November 2018


Details
AGLC Case Decision Date
Ali (Migration) [2018] AATA 5145 [2018] AATA 5145 12 November 2018

CaseChat Overview and Summary

This matter concerned an application for review by the applicant regarding a decision made by the Tribunal concerning their eligibility for a Subclass 572 Vocational Education and Training Sector visa. The central dispute revolved around whether the applicant was enrolled in a registered course as required by the visa criteria.

The Tribunal was required to determine if the applicant met the criterion of enrolment in a registered course for the Subclass 572 visa. This involved assessing evidence of the applicant's enrolment in a Bachelor of Accounting course.

The Tribunal considered a new Certificate of Enrolment (COE) received on 14 July 2017, which indicated the applicant was enrolled in a Bachelor of Accounting from 8 May 2017 to 1 May 2020. An examination of the Provider Registration and International Student Management System (PRISMS) confirmed the applicant was currently enrolled and studying the course at the time of the decision. Satisfied that this new evidence met the relevant criterion, the Tribunal concluded the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.500.211 of Schedule 2 to the Regulations.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Remedies

  • Judicial Review

  • Procedural Fairness

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