Friel (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by the applicant. The central dispute concerned whether the applicant met the enrolment criteria for the visa, as stipulated in clause 500.211 of Schedule 2 to the Regulations. The Tribunal was tasked with determining if the applicant was enrolled in a full-time registered course of study at the time of the decision.

The Tribunal was required to assess the applicant's compliance with clause 500.211, which mandates enrolment in a course of study. This clause defines "course of study" as a "full-time registered course," with "registered course" referring to a course provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal noted that the applicant did not claim to meet any alternative criteria.

The Tribunal found that the applicant had provided evidence of a valid enrolment in a Diploma of Leadership and Management, commencing on 15 February 2021 and concluding on 13 February 2022, which was created on 11 February 2021. Consequently, the Tribunal was satisfied that the applicant met the enrolment criterion under clause 500.211. The Tribunal clarified that this assessment was limited to the enrolment requirement and did not extend to evaluating whether the applicant was a genuine temporary entrant or was attempting to circumvent the migration program.

Given this finding, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa to the Minister for reconsideration, with a direction that the applicant meets the criterion specified in clause 500.211 of Schedule 2 to the Regulations.