Cameron (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa. The primary issue before the Department had been whether the applicant was a genuine temporary entrant, but this evolved before the Tribunal to focus on whether the applicant was enrolled in a course of study at the time of the decision.

The Tribunal was required to determine whether the applicant satisfied the criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a full-time registered course of study at the time of the decision. A registered course is defined as one provided by an institution registered under the *Education Services for Overseas Students Act 2000* (Cth) and listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). Enrolment in such a course is recorded in the PRISMS database, which generates a Confirmation of Enrolment (CoE).

The Tribunal noted that while the applicant had provided a CoE and was enrolled and studying at the time of submitting her information form, the course she was undertaking, Certificate III in Hairdressing, was scheduled to conclude on 13 August 2021. A search of the PRISMS database on 3 November 2021 revealed that this enrolment had finished due to effluxion of time. Although the applicant completed the course on 28 September 2021, slightly after the scheduled end date, the Tribunal found that at the time of its decision, the applicant was no longer enrolled in a registered course of study as required by clause 500.211.

Consequently, the Administrative Appeals Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) Subclass 500 visa.