Chen (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision by the Tribunal. The central dispute revolved around whether the applicant met the criterion of being enrolled in a course of study at the time of the decision. The decision was made by Penelope Hunter, a Member of the Tribunal.

The legal issue before the Tribunal was to determine if the applicant satisfied clause 500.211(a) of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision. The definition of "course of study" under clause 500.111 of the Regulations was also relevant, specifying a "full-time registered course," with "registered course" defined in regulation 1.03 by reference to the Education Services for Overseas Students Act 2000 (Cth).

The Tribunal reasoned that the applicant had provided sufficient evidence of enrolment, including a Confirmation of Enrolment for an English course and a Bachelor of Business at Ozford Institute of Higher Education. The Tribunal further confirmed these enrolments were listed on the applicant’s Provider Registration and International Student Management System records. 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 criterion in clause 500.211.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa for reconsideration by the Minister. The remittal was made with a direction that the applicant meets the criterion specified in clause 500.211 of Schedule 2 to the Regulations, allowing for the assessment of the remaining visa criteria.