Ong (Migration)

The applicant, Ong, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a Student (Temporary) (Class TU) visa, subclass 500. The dispute centred on the applicant's enrolment status in relation to the visa requirements.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the applicant had met the requirements for maintaining enrolment as stipulated by the *Migration Regulations 1994* (Cth) at the time of the Minister's decision. Specifically, the court had to consider the validity and effect of the Confirmation of Enrolment (CoE) provided by the applicant.

Her Honour Justice Plain found that the delegate's decision had failed to properly consider the evidence of the applicant's enrolment status. The court determined that the delegate had erred in law by not adequately assessing the provided CoE and its implications for the applicant's visa eligibility. Consequently, the court remitted the decision to the Minister for redetermination according to law.