SHARMA (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Tribunal. The applicant sought review of a decision relating to their visa application. The central issue before the Tribunal was whether the applicant was currently enrolled in a course of study, as required by the criteria for the visa.

The Tribunal was required to determine if the applicant satisfied the primary criterion set out in clause 500.211 of the Regulations, which mandates that at the time of the decision, the applicant must be enrolled in a course of study. The definition of "course of study" under clause 500.111 refers to a "full-time registered course," with "registered course" defined in regulation 1.03 as a course provided by an institution registered to provide such courses to overseas students under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant had provided evidence, including a Confirmation of Enrolment (CoE), demonstrating their enrolment in the Bachelor of Business (Accounting) at Gateway Business College. Based on this evidence, the Tribunal was satisfied that the applicant met the criterion in clause 500.211. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets the specified criterion.