Gonzalez (Migration)

Case

[2019] AATA 2205

8 March 2019


Details
AGLC Case Decision Date
Gonzalez (Migration) [2019] AATA 2205 [2019] AATA 2205 8 March 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 500.211 of Schedule 2 to the *Migration Regulations 1994* (Cth), which pertains to enrolment in an approved course of study.

The Tribunal received updated evidence, specifically an Overseas Student Confirmation of Enrolment (CoE) dated 11 February 2019, confirming the applicant's enrolment in a Master of International Hotel Management at Torrens University Australia. This course commenced in April 2018 and was scheduled to conclude in April 2020. The Tribunal also reviewed the applicant's student records on the Provider Registration and International Student Management System (PRISMS), which indicated ongoing study in the course. Based on this new evidence, the Tribunal was satisfied that the applicant met the criterion under cl.500.211. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this specific criterion.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

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