DASTGEER (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by the applicant. The dispute before the Tribunal was whether the applicant satisfied the criteria for the visa, specifically the requirement under clause 500.211(a) of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision. The decision was made by Member Frank Russo of the Tribunal.

The legal issue before the Tribunal was to determine if the applicant was enrolled in a course of study as defined by the Regulations. This involved considering the definition of a "course of study" as a "full-time registered course," and what constitutes a "registered course" under the *Education Services for Overseas Students Act 2000* (Cth). The Tribunal also had to consider the evidence of enrolment provided by the applicant, particularly in light of the delegate's decision which noted that an active confirmation of enrolment (CoE) had not been provided at the time of that decision.

The Tribunal reasoned that while an active CoE was not provided to the delegate, the applicant's representative subsequently submitted documents to the Tribunal, including confirmations of enrolment for an English for Academic Purposes course and a Bachelor of Business course. A check of the applicant's enrolment records in the Provider Registration International Student Management System (PRISMS) confirmed these enrolments. Consequently, the Tribunal was satisfied that the applicant met the criterion under cl 500.211.

Given this finding, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa for reconsideration by the Minister, with the direction that the applicant met the criterion under cl 500.211 of Schedule 2 to the Regulations.