Art-Aim (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The primary dispute revolved around whether the applicant met the criteria for enrolment in a course of study, as required by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if the applicant satisfied clause 500.211(a) of Schedule 2 to the Regulations, which mandates that an applicant be enrolled in a full-time registered course at the time of the decision. The definition of a "registered course" under regulation 1.03 refers to a course provided by an institution registered under the *Education Services for Overseas Students Act 2000* (Cth).

The Tribunal reasoned that the Provider Registration and International Student Management System (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. An updated PRISMS search conducted on 18 March 2022 confirmed that the applicant was not enrolled in a course of study as at that date. This information had been put to the applicant, who did not respond.

Consequently, the Tribunal found that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.