SEKHON (Migration)

The applicant, Mr. Sekhon, sought judicial review of a decision by the Migration Review Tribunal concerning his application for a Student (Temporary) (Class TU) visa, Subclass 500. The primary dispute revolved around whether Mr. Sekhon had provided sufficient evidence of his enrolment to the Department, a requirement for the visa.

The Migration Review Tribunal was required to determine whether the applicant met the criteria for the Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, in light of evidence of enrolment that was not initially provided to the Department but was subsequently submitted to the Tribunal.

The Tribunal, having received confirmation of enrolment from the applicant, was satisfied that the relevant criterion was met. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the Subclass 500 visa.