Hiriketi Godage (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa. The applicant's application had been refused by a delegate on the basis that the applicant did not meet the enrolment requirements of clause 500.211 of Schedule 2 of the Regulations. The decision was reviewed by T. Quinn of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the enrolment criterion stipulated in clause 500.211 of the Regulations. This clause requires evidence of current enrolment in a registered course of study for a student visa to be granted. The Tribunal was required to determine if the evidence presented, particularly a Confirmation of Enrolment filed with the Tribunal, satisfied this essential requirement.

The Tribunal reasoned that a decision maker must be presented with evidence of current enrolment, as this is a foundational criterion for a student visa. Absent such evidence, the primary criteria cannot be met. In this instance, the applicant subsequently provided a Confirmation of Enrolment to the Tribunal, which established that the applicant was enrolled in a course of study. The Tribunal found this evidence sufficient to satisfy clause 500.211(a) of the Regulations.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant met the enrolment criterion under clause 500.211(a) of Schedule 2 to the Regulations.