Jasvir Singh (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by Jasvir Singh. The decision under review was made by the Administrative Appeals Tribunal, with Member Andrew George presiding. The Tribunal concluded that the matter should be remitted for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically the enrolment requirement stipulated in clause 500.211 of Schedule 2 to the Regulations. This clause requires that at the time of the decision, the applicant is enrolled in a full-time registered course of study.

The Tribunal considered an Overseas Student Confirmation-of-Enrolment certificate, which indicated that the applicant was enrolled in a Bachelor of Computer Science at Charles Darwin University, with a course start date of 2 March 2020 and an end date of 30 November 2021. The Tribunal accepted this evidence and was satisfied that the applicant met the enrolment criterion under clause 500.211. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria.