Arora (Migration)

In the matter of Arora (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 central legal issue before the Tribunal was whether the applicant had provided sufficient evidence of enrolment in an approved course of study, as required by clause 500.211 of Schedule 2 to the Regulations. This clause mandates that an applicant must be enrolled in a "full-time registered course" at the time of the decision, with a "registered course" being one provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant had satisfied the enrolment criterion. This conclusion was based on the applicant's submission of an Overseas Student Confirmation of Enrolment (COE) dated 27 August 2018, which was valid until 25 August 2019 for an Advanced Diploma of Business. The COE also indicated a pre-paid tuition fee, further supporting the finding of valid enrolment.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant had met the criterion specified in clause 500.211 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.