CHEN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The central dispute concerned whether the applicant met the primary criteria for the visa, specifically the requirement of being enrolled in a registered course of study at the time of the decision. The Tribunal was tasked with determining if the applicant's enrolment status satisfied the relevant provisions of the Migration Regulations 1994.

The 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 course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal needed to ascertain if the applicant's enrolment in a registered course was evidenced and current.

The Tribunal reasoned that the Commonwealth Register of Institutions and Courses for Overseas Students (PRISMS), managed by the Department of Education, Skills and Employment and used by the Department of Home Affairs, serves as a reliable record of student enrolments. According to PRISMS, the applicant had completed English courses and a Certificate IV in Marketing and Communications, finishing the latter on 7 August 2022. While the applicant had been enrolled in a Diploma in Marketing and Communications, this enrolment had been cancelled. As PRISMS did not record any current courses of study for the applicant at the time of the decision, the Tribunal was not satisfied that clause 500.211(a) was met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 500 (Student) visa.