Araoz (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The core dispute revolved around whether the applicant met the criteria for a genuine temporary entrant, specifically concerning their enrolment in a registered course of study. The applicant's enrolment had been cancelled, and they had not provided a response to the Department's invitation to offer information regarding this situation.

The legal issue before the Tribunal was whether the applicant satisfied clause 500.211(a) of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. A "registered course" is defined by reference to the Education Services for Overseas Students Act 2000 and is recorded in the Commonwealth Register of Institutions and Courses for Overseas Students (PRISMS).

The Tribunal reasoned that PRISMS is a reliable business record of the Department of Education, Skills and Employment, used by the Department of Home Affairs as evidence of enrolment for student visa assessments. The PRISMS record indicated that the applicant's enrolment in a Certificate IV in Business and Diploma of Leadership and Management was cancelled on 26 July 2023. Despite being invited to respond to the implications of this cancellation, the applicant failed to do so. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, meaning clause 500.211 was not met.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.