I, General Member G Sammon, certify that this is the Tribunal's statement of decision and statement of reasons.

MIGRATION - Student (Temporary) (Class TU) visa - Subclass 500 (Student) - genuine student - genuine temporary entrant - current enrolment - decision under review set aside and remitted

Administrative Review Tribunal Act 2024 (Cth), s 79

Education Services for Overseas Students Act 2000 (Cth)

Migration Act 1958 (Cth), s 65

Migration Regulations 1994, Schedule 2 cls 500.111, 500.211; r 1.03

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Citizenship (the Delegate) on 17 December 2024 to refuse to grant the Applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
2. The Applicant applied for the visa on 2 August 2024. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The Applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.
3. The Delegate in this case refused to grant the visa on the basis that the Applicant did not satisfy the requirements of cl 500.211(a) of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because information obtained from the Provider Registration and International Student Management System (PRISMS) operated by the Commonwealth Government indicated the Applicant was not at that time enrolled in a course of study in Australia.
4. The Applicant applied to the Tribunal, on 15 January 2025, for review of the decision to refuse her application for a protection visa. For the reasons described below in this decision, it was not necessary for there to be a hearing of the Applicant's application.
5. For the following reasons, I set aside the decision under review and remit the visa application for reconsideration.

1. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl 500.211 to cl 500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is whether the Applicant is enrolled in a course of study in Australia as at the date of this decision.
2. Clause 500.211 relevantly requires that at the time of this decision the Applicant is enrolled in a course of study: cl 500.211(a). The Applicant does not claim to meet any of the alternative criteria in cl 500.211.
3. 'Course of study' is relevantly defined in cl 500.111 of the Regulations as a 'full-time registered course'. 'Registered course' is defined in reg 1.03 of the Regulations as a course of education or training provided by an institution, body or person that is registered, under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000 (Cth), to provide the course to overseas students.
4. On 3 October 2025, a Registrar of the Tribunal issued directions to the Applicant under s 79 of the Administrative Review Tribunal Act 2024 (Cth) to give to the Tribunal, by 17 October 2025, a confirmation of enrolment issued by a registered educational provider showing that she was currently enrolled in a course of study.
5. She responded to that direction on 6 October 2025 by providing a Certificate of Enrolment showing that she was enrolled in a Diploma of Nursing course provided by the Institute of Health and Nursing Australia, with the course commencing on 20 January 2025 and ending on 20 July 2026.
6. The Delegate's decision records that the Applicant had attached to her student visa application a letter of offer for a Bachelor of Nursing course from La Trobe University, dated 1 August 2024. Of course, that does not amount to enrolment in a course of study in Australia. However, the Applicant has now cured that defect by providing the Certificate of Enrolment in the Diploma of Nursing course. She has now satisfied the requirement of cl 500.211(a) of Schedule 2 of the Migration Regulations.
7. Therefore, I am satisfied that at the time of this decision, the applicant is enrolled in a course of study and accordingly cl 500.211is met.
8. Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa. It will still be necessary for a delegate of the Minister to assess whether the Applicant meets those other statutory criteria for the grant of a student visa and the remittal back to the Minister will allow that to occur.

1. The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the Applicant meets the following criteria for a Subclass 500 (Student) visa:
   • cl 500.211 of Schedule 2 to the Regulations.