OGBONNA (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Subclass 500 (Student) visa. The applicant sought review of a decision to refuse her visa application.

The central legal issue before the Tribunal was whether the applicant was enrolled in a course of study at the time the delegate made the decision to refuse her visa. This required the Tribunal to consider the definition of a "course of study" as a "full-time registered course" and the requirements of clause 500.211 of Schedule 2 to the Regulations.

The Tribunal noted that the applicant's initial Confirmation of Enrolment (COE) had been cancelled due to non-payment of fees, and at the time of the delegate's decision, no valid COE or evidence of enrolment had been provided. However, a review of the applicant's Provider Registration and International Student Management System (PRISMS) record by the Tribunal revealed that she was subsequently enrolled in a Bachelor of Nursing course with a valid COE and evidence of tuition fee prepayment. The Tribunal was therefore satisfied that the applicant met the criterion in 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 criterion specified in clause 500.211 of Schedule 2 to the Regulations.