Krayani (Migration)

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

The central legal issue before the Tribunal was whether the applicant was enrolled in a "course of study" as required by clause 500.211(a) of Schedule 2 to the Migration Regulations 1994. This clause mandates that at the time of the decision, the applicant must be enrolled in a full-time registered course. A "registered course" is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000 to provide such courses to overseas students.

The Tribunal found that the applicant had provided a Confirmation of Enrolment (CoE) for a Master of Business Administration (Advanced) course, commencing on 5 June 2017 and ending on 12 May 2017. Despite the apparent discrepancy in the end date, the Tribunal was satisfied, based on the material before it, that the applicant was enrolled in a course of study that met the regulatory requirements. Consequently, the Tribunal remitted the application to the Minister for reconsideration, directing that the applicant met the criteria under clause 500.211.