Maungkaew (Migration)

The Administrative Appeals Tribunal considered the case of Maungkaew, an applicant for a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the requirement of being enrolled in a full-time registered course of study at the time of the decision, as stipulated by clause 500.211(a) of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the enrolment criterion for the Subclass 500 visa. This involved assessing whether the applicant was enrolled in a "course of study," defined as a "full-time registered course," and whether the provided documentation and evidence confirmed this enrolment at the relevant time.

The Tribunal reasoned that while the Department had initially not received confirmation of enrolment, the applicant subsequently provided a letter of offer, proof of payment, and crucially, confirmation of enrolment (CoE) documents for multiple courses at Le Cordon Bleu Australia. A check of the applicant's enrolment records in the Provider Registration International Student Management System (PRISMS) as at 13 July 2023 confirmed her enrolment in the Certificate III in Commercial Cookery and indicated approval for enrolment in two other courses. Based on this evidence, the Tribunal was satisfied that the applicant met the enrolment criterion under clause 500.211.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant meets the enrolment criterion specified in clause 500.211 of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.