Bhardwaj (Migration)

The applicant sought review of a decision concerning a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the requirements for the visa, specifically in relation to their enrolment in a course. The decision was made by a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criterion specified in cl.500.211 of Schedule 2 to the Regulations, which relates to the applicant's enrolment in a course of study.

The Tribunal considered new evidence provided by the applicant, namely a Confirmation of Enrolment for an Advanced Diploma of Leadership and Management through Gen Institute Pty Ltd. This course commenced on 26 November 2018 and was scheduled for completion by 26 November 2019. Being satisfied that this new evidence demonstrated compliance with the relevant criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for a Subclass 500 visa.