NGO (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the regulatory requirements for enrolment in an approved course of study at the time of the decision. The applicant's enrolment had been cancelled following a previous visa refusal, and she was attempting to secure a new enrolment.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the definition of "registered course" as provided in regulation 1.03, which refers to courses provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that a Confirmation of Enrolment (COE) is a crucial document for demonstrating enrolment in a registered course for the purposes of a student visa. Despite being granted multiple extensions of time to provide evidence of enrolment, the applicant only submitted a provisional letter of offer from TAFE, which was conditional and did not constitute proof of current enrolment. The Tribunal concluded that the applicant had not satisfied the primary criteria for the visa, specifically the requirement of being enrolled in an approved course of study.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.