BRAICH (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Tribunal. The central dispute revolved around whether the applicant had provided sufficient evidence of current enrolment in a course of study, a key criterion for the visa.

The Tribunal was required to determine if the applicant met the criteria stipulated in clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant be enrolled in a course of study at the time of the decision. The applicant did not rely on any alternative criteria.

The Tribunal found that the applicant had provided Confirmations of Enrolment for a Diploma and an Advanced Diploma of Leadership and Management, scheduled to conclude on 20 December 2019. Based on this evidence, the Tribunal was satisfied that the applicant was enrolled in a course of study at the time of the decision, thus meeting the requirements of clause 500.211. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.