Chen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Chen, sought to challenge the delegate's decision. The AAT, presided over by Vanessa Plain, was tasked with determining whether the applicant met the requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant was a genuine applicant for entry and stay as a student, specifically whether they were enrolled in a course of study as required by clause 500.211 of the Migration Regulations 1994. The Tribunal was also required to consider the weight to be given to information obtained from the Provider Registration and International Student Management System (PRISMS).

The Tribunal reasoned that the applicant had failed to provide requested information regarding their enrolment by the stipulated deadline. Consequently, the Tribunal conducted a search of PRISMS, a system used by the Department of Home Affairs to verify student enrolment. The PRISMS search revealed that the applicant did not hold a current Confirmation of Enrolment in a registered course. The Tribunal accepted PRISMS as a reliable record of enrolments in the absence of contrary evidence. Following this, the Tribunal issued a section 359A notice to the applicant, informing them that the lack of a current enrolment, as indicated by PRISMS, was being considered as a reason for affirming the delegate's decision. As the applicant did not respond to this notice, the Tribunal concluded that the applicant did not meet the criteria for the Subclass 500 visa.

Accordingly, the Tribunal affirmed the decision of the delegate to refuse to grant the applicant a Subclass 500 (Student) visa.