Asif (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant had failed to provide requested information within the permitted timeframe and was not currently enrolled in a course of study, nor did they hold a current confirmation of enrolment. The Administrative Appeals Tribunal was tasked with determining whether the applicant met the criteria for the visa.

The central 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. The Tribunal considered the definition of a "course of study" and "registered course" as provided in the Regulations and the role of the Provider Registration and International Student Management System (PRISMS) in verifying such enrolments.

The Tribunal reasoned that PRISMS, a system managed by the Department of Education, Skills and Employment and used by the Department of Home Affairs, serves as a reliable record of overseas student enrolments. A check of the applicant's PRISMS record on 1 March 2024 indicated no current enrolment. As the applicant provided no evidence or submissions to dispute this information, the Tribunal was not satisfied that the applicant met the enrolment criterion under clause 500.211(a). Consequently, the Tribunal found that the criteria for the grant of the visa were not met.

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