Guu (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, where the applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning their enrolment in a registered course of study.

The central legal issue before the Tribunal was whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as required by clause 500.211(a) of Schedule 2 to the Migration Regulations. This clause mandates that an applicant must be enrolled in a course of study, which is defined as a "full-time registered course." A "registered course" is one provided by an institution registered under the *Education Services for Overseas Students Act 2000* to provide courses to overseas students.

The Tribunal considered the information available from the Provider Registration and International Student Management System (PRISMS), a system maintained by the Department of Education, Skills and Employment and used by the Department of Home Affairs for assessing student visa applications. The Tribunal accepted PRISMS as a reliable record of enrolments in the absence of contrary evidence. In this case, PRISMS indicated that the applicant's last enrolment in an approved course of study was on 26 July 2022, and they were not enrolled at the time of the Tribunal's decision. Despite requests from the Tribunal, the applicant failed to provide independent evidence of their enrolment. Consequently, the Tribunal was not satisfied that the applicant met the requirement of clause 500.211(a).

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500, on the basis that the applicant had not satisfied the enrolment criteria.