Khan (Migration)

This matter concerned an application for review of a decision relating to a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The applicant sought to demonstrate that they met the enrolment requirements for the visa. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211(a) of the Migration Regulations 1994, which requires an applicant to be enrolled in a course of study at the time of the decision. A "course of study" was defined as a "full-time registered course," and a "registered course" was one provided by an institution registered under the Education Services for Overseas Students Act 2000 (Cth).

The Tribunal considered evidence provided by the applicant, including a Certificate of Enrolment (COE) dated 24 October 2022, indicating enrolment in a Bachelor of Information Technology from 20 March 2023 to 15 March 2026. A check of the PRISMS record on 29 November 2022 confirmed this enrolment. In light of this new evidence, the Tribunal was satisfied that the applicant was enrolled in a registered course of study at the time of the decision, thus meeting the criterion in clause 500.211(a).

Consequently, the Tribunal remitted the application for reconsideration, with the direction that the applicant met the criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations.