ALVES ROCHA COUTO (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant failed to provide requested information within the stipulated timeframe and was not currently enrolled in a registered course of study, nor did they possess a current certificate of enrolment. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211(a) of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision. The applicant did not contend they met any alternative criteria.

The Tribunal reasoned that a "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the *Education Services for Overseas Students Act 2000* (ESOS Act). The PRISMS (Provider Registration and International Student Management System) database, managed by the Department of Education, Skills and Employment and used by the Department of Home Affairs, serves as a reliable record of enrolments for student visa assessments. The applicant's PRISMS record indicated no current enrolment, and no contrary evidence was provided by the applicant. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion under clause 500.211, leading to the affirmation of the delegate's decision.