Cao (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant had been requested to provide information regarding their current enrolment in a course of study by a specified date. Upon the applicant's failure to provide this information, the Tribunal conducted a search of the Provider Registration and International Student Management System (PRISMS).

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 500 (Student) visa, specifically clause 500.211, which requires a genuine student to be enrolled in a course of study. The Tribunal was required to determine the evidentiary weight to be given to the PRISMS record and whether the applicant had provided sufficient evidence to the contrary.

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. In the absence of any evidence to the contrary from the applicant, the Tribunal accepted the PRISMS record as accurate. The PRISMS search indicated that the applicant did not hold a current confirmation of enrolment in a registered course. Consequently, the Tribunal found that the applicant did not satisfy clause 500.211 of the Migration Regulations 1994.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the applicant failed to meet the essential criteria for the visa.