Atienza (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by the applicant for a Subclass 500 (Student) visa. The dispute concerned whether the applicant met the enrolment requirements for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision.

The Tribunal found that the applicant had provided an Overseas Student Confirmation-of-Enrolment, issued by the Department of Education and Training, which indicated enrolment in a course of study as defined by the relevant Act and Regulations. This document confirmed the course commenced on 30 January 2019 and concluded on 20 December 2019. Consequently, the Tribunal was satisfied that clause 500.211 was met. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets this specific criterion.