Konda (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Tribunal. The applicant's enrolment had been cancelled by their education provider due to unsatisfactory course progress, leading to a situation where they were not enrolled in a course of study at the time of the initial decision. The applicant subsequently obtained a conditional offer of enrolment from another education institution.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" refers to a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant had provided proof of enrolment in an approved course, evidenced by Certificates of Enrolment (COE) for a Diploma of Business and an Advanced Diploma of Business at Gen Institute Pty Ltd, with corresponding records in the PRISMS system. Based on this evidence, the Tribunal concluded that the applicant met the requirement of clause 500.211(a). Consequently, the Tribunal remitted the application for reconsideration by the delegate, with a direction that the applicant satisfies this specific criterion.