Koirala (Migration)

The applicant, Mr Koirala, sought review by the Administrative Appeals Tribunal of a decision concerning his application for a Subclass 500 (Student) visa. The primary dispute revolved around whether Mr Koirala had met the enrolment requirements for the visa.

The Tribunal was required to determine whether the applicant had provided evidence of enrolment in a course of study as mandated by the relevant migration regulations. Specifically, the Tribunal considered whether the provision of a Confirmation of Enrolment (COE) upon review satisfied this criterion.

The Tribunal found that the applicant had subsequently provided a COE for an Advanced Diploma of Leadership and Management, commencing on 15 June 2019 and concluding on 14 June 2020. Being satisfied that this new evidence met the relevant criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl. 500.211 of Schedule 2 to the Regulations.