Kondamuri (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought before the Administrative Appeals Tribunal. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion in clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal was also required to consider the definitions of "course of study" and "registered course" as provided in the Regulations and the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that the applicant had provided a Confirmation of Enrolment for a Diploma of Project Management at Australian Pacific College, commencing on 1 May 2017 and ending on 8 April 2018. It was satisfied that this constituted a "full-time registered course" as defined by the Regulations, and therefore the criterion in clause 500.211 was met.

Consequently, the Tribunal remitted the applications for the Student (Temporary) (Class TU) visas to the Minister for reconsideration, with a direction that the first named applicant met the criterion specified in clause 500.211 of Schedule 2 to the Regulations.