MOHAMMED (Migration)

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

The central legal issue before the Tribunal was whether the applicant satisfied the enrolment requirement for a Subclass 500 visa, as stipulated by clause 500.211 of Schedule 2 to the Regulations. This clause requires that at the time of the decision, the applicant is enrolled in a "full-time registered course," with "registered course" defined by reference to the Education Services for Overseas Students Act 2000.

The Tribunal considered evidence, including a Certificate of Enrolment (COE) and PRISMS records, which confirmed the applicant's enrolment in a Diploma of Information Technology. The Tribunal found that this course met the definition of a "full-time registered course" and therefore concluded that the applicant satisfied the enrolment requirement under clause 500.211. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria.