Mohammed (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criterion requiring evidence of enrolment in a course of study. Specifically, the Tribunal had to determine if the Confirmation of Enrolment (COE) provided by the applicant met the requirements of cl.500.211 of Schedule 2 to the Regulations.

The Tribunal noted that a COE had been received in favour of the applicant for a Diploma of Business. In light of this new evidence, the Tribunal was satisfied that the enrolment criterion was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criterion.