Prince (Migration)

Case

[2019] AATA 375

11 February 2019


Details
AGLC Case Decision Date
Prince (Migration) [2019] AATA 375 [2019] AATA 375 11 February 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to course enrolment requirements.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, particularly clause 500.211 of Schedule 2 to the Regulations, concerning course enrolment. This required the Tribunal to assess the evidence provided by the applicant regarding their enrolment in a Bachelor of Accounting course.

The Tribunal received a Confirmation of Enrolment Certificate for the applicant, which indicated enrolment in a Bachelor of Accounting course commencing on 7 May 2018 and concluding on 1 May 2020. Further, the Provider Registration and International Student Management System confirmed the applicant was currently enrolled and studying. In light of this new evidence, the Tribunal was satisfied that the criterion was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets the specified criteria for the visa.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

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