Cañete (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by an applicant from the Philippines. The Administrative Appeals Tribunal was required to review the delegate's decision to refuse the visa. The applicant had a history of entering and departing Australia on visitor visas and had held bridging visas during her time in Australia.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criteria for a subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations. This clause requires an applicant to be enrolled in a course of study, defined as a "full-time registered course," or to meet alternative criteria related to postgraduate thesis marking or Foreign Affairs support, neither of which were claimed by the applicant.

The Tribunal considered evidence provided by the applicant, including correspondence from TAFE SA dated 3 February 2020. This correspondence indicated the applicant was enrolled in and continuing her study of the Diploma of Early Childhood Education and Care. Crucially, the correspondence noted that an official Certificate of Enrolment could not be issued due to the ongoing review of a previous visa refusal, but would be provided if the review was favourable. The Tribunal accepted this evidence as satisfying the enrolment criterion under clause 500.211.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa, subclass 500, to the Minister for reconsideration. The Tribunal directed that the applicant be taken to meet the criteria under clause 500.211 of Schedule 2 to the Regulations.