Otieno (Migration)

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

The primary legal issue before the Tribunal was whether the applicant met the criterion for a Subclass 500 visa relating to their enrolment status, specifically as evidenced by an Overseas Confirmation of Enrolment.

The Tribunal was satisfied that the applicant had provided sufficient evidence of their enrolment in a Master of Information Technology course, commencing on 1 January 2019 and due for completion on 30 June 2019. In light of this new evidence, the Tribunal concluded that the relevant criterion, cl.500.211 of Schedule 2 to the Regulations, was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this criterion.