Toupin (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by an applicant who sought to satisfy the criteria for the visa. The central dispute concerned whether the applicant met the requirements of clause 500.211 of Schedule 2 to the Regulations, which mandates enrolment in a course of study at the time of the decision.

The Tribunal was required to determine if the applicant was enrolled in a "course of study" as defined by the Regulations. This definition specifies a "full-time registered course," where "registered course" refers to a course provided by an institution registered under the Education Services for Overseas Students Act 2000 to provide such courses to overseas students. The applicant had provided a Confirmation of Enrolment for a Certificate III in Early Childhood Education and Care through Holmesglen Institute, with specific start and end dates.

The Tribunal reasoned that the applicant's submitted Confirmation of Enrolment demonstrated that they were enrolled in a full-time registered course of study at the time of the decision. Consequently, the Tribunal found that the applicant satisfied the criterion under clause 500.211(a) of Schedule 2 to the Regulations. As this criterion was met, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 500 (Student) visa.