Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Ms Kaur. The primary issue before the Tribunal was whether Ms Kaur satisfied the enrolment criteria for the visa.

The Tribunal was required to determine if Ms Kaur met the requirements of clause 500.211 of Schedule 2 to the Migration Regulations, which mandates that an applicant be enrolled in a full-time registered course of study at the time of the decision. The delegate had previously refused the visa on the basis that Ms Kaur had not provided a current Confirmation of Enrolment (COE) at the time of the delegate's decision on 6 March 2019.

The Tribunal found that while Ms Kaur did not satisfy clause 500.211 at the time of the delegate's decision, she subsequently provided a current COE for a Diploma of Business, valid from 1 August 2019 to 31 January 2020. Consequently, the Tribunal concluded that Ms Kaur satisfied clause 500.211. Given this finding, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 500 (Student) visa.