Baniya (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to satisfy the primary criteria for the visa, which are set out in Part 500 of Schedule 2 to the Regulations. The dispute centred on whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as required by cl 500.211(a) of the Regulations.

The legal issue before the Tribunal was whether the applicant met the enrolment criterion under cl 500.211(a). This clause requires an applicant to be enrolled in a course of study at the time of the decision, with "course of study" defined as a "full-time registered course". A "registered course" is one provided by an institution registered under the *Education Services for Overseas Students Act 2000* to provide courses to overseas students. The Tribunal considered the role of the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), managed through the PRISMS system, as a reliable record of enrolments for the Department of Home Affairs.

The Tribunal reasoned that PRISMS is a 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. In the absence of contrary evidence, the Tribunal accepted PRISMS as a reliable record. Searches of PRISMS on 30 August 2024 revealed that the applicant's enrolments in a Certificate IV in Kitchen Management and a Diploma of Hospitality Management were cancelled on 5 May 2023 due to non-commencement of studies. Furthermore, their enrolment in a Certificate III in Commercial Cookery was cancelled on the same date due to the applicant notifying the provider of their cessation of studies. The PRISMS searches indicated no current enrolment in any other registered course of study. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion under cl 500.211.

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