Almughim (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Tribunal. The applicant sought review of a decision concerning their eligibility for the visa.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criterion under clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a course of study at the time of the Tribunal's decision. The Tribunal was also required to consider the definitions of "course of study" and "registered course" as provided in the Regulations and the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that the applicant had provided a Confirmation of Enrolment for a Bachelor of Engineering (Civil)(Honours) at Flinders University, scheduled to be conducted from 24 July 2017 to 10 July 2020. The Tribunal was satisfied that this course constituted a "full-time registered course" as defined by the Regulations. Consequently, the Tribunal found that the applicant met the requirements of clause 500.211.

Based on these findings, the Tribunal decided to remit the application for the visa to the Minister for reconsideration, with a direction that the applicant meets the criterion specified in clause 500.211 of Schedule 2 to the Regulations.