Cheng (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The applicant sought to satisfy the criteria for this visa, which included being enrolled in a full-time registered course of study. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 500.211(a) of Schedule 2 to the Regulations, which mandates that an applicant must 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* (ESOS Act) to provide courses to overseas students.

The Tribunal considered the role of the Provider Registration and International Student Management System (PRISMS), a computer system maintained by the Department of Education, Skills and Employment. PRISMS is used to store information about accepted overseas students and is relied upon by the Department of Home Affairs as evidence of enrolment for student visa assessments. The Tribunal accepted PRISMS as a reliable record of enrolments in the absence of specific evidence to the contrary. As there was no evidence presented to suggest otherwise, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the relevant time, and therefore clause 500.211 was not met. Consequently, the Tribunal affirmed the decision not to grant the visa.