Le (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by Mr. Le and two other applicants. The dispute concerned whether the applicants had provided sufficient evidence of enrolment to satisfy the visa requirements.

The primary legal issue before the Tribunal was whether the applicants had met the criteria for a Subclass 500 visa, specifically concerning the requirement for evidence of enrolment. The Tribunal was required to determine if the documentation provided, including a Confirmation of Enrolment certificate, satisfied the relevant legislative provisions.

The Tribunal's reasoning focused on the impact of new evidence received during the review process. It was satisfied that this new evidence demonstrated that the first applicant met the criteria under cl.500.211 of Schedule 2 to the Regulations. Similarly, the Tribunal found that the second and third applicants met the criteria under cl.500.311 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for reconsideration with a direction that these criteria were met.