Acuna Plaza (Migration)

The applicant, Acuna Plaza, sought review of a decision not to grant a Student (Temporary) (Class TU) visa, specifically Subclass 572 (Vocational Education and Training Sector). The matter came before the Tribunal for consideration.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision. This issue arose due to evidence suggesting the applicant was not currently enrolled in a course of study, despite having previously held several confirmations of enrolment. The Tribunal also considered whether the applicant fell within any exceptions to the general enrolment requirements, such as being an eligible higher degree student, eligible university exchange student, or eligible non-award student.

The Tribunal reasoned that, with limited exceptions not applicable to the applicant, regulations require an applicant to be enrolled in, or have a current offer of enrolment in, a principal course of study at the time of the decision. The applicant's enrolment records from the Provider Registration International Student Management System (PRISMS) indicated a history of cancelled confirmations of enrolment, including for non-payment of fees and non-commencement of study. The applicant's last completed course concluded in July 2017, and their most recent confirmation of enrolment was cancelled in February 2018. The applicant was given an opportunity to respond to this information but elected to do so during the hearing without seeking an adjournment.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, concluding that the applicant did not meet the necessary enrolment requirements.