Kahlon (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for this visa subclass. The central dispute revolved around whether the applicant was enrolled in a registered course of study in Australia, a key criterion for the visa.

The Tribunal was required to determine if the applicant satisfied the primary criterion for a Subclass 500 visa as set out in clause 500.211 of Schedule 2 to the Regulations, specifically whether the applicant was enrolled in a course of study at the time of the decision. The definition of "course of study" as a "full-time registered course" and "registered course" under the Education Services for Overseas Students Act 2000 were also relevant considerations.

The Tribunal found that the applicant confirmed their enrolment in a Diploma of Leadership and Management, commencing on 6 August 2018 and due for completion on 4 August 2019. A copy of a current enrolment confirmation dated 27 July 2018, included in the AAT file, satisfied the Tribunal that the applicant met the criterion in clause 500.211. Consequently, the Tribunal remitted the applications for Student (Temporary) (Class TU) visas for reconsideration by the Minister, directing that the first applicant met the enrolment criterion.