Hashim (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The applicant had failed to provide requested information within the stipulated timeframe and was not currently enrolled in a registered course of study, nor did they possess a current certificate of enrolment.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211(a) of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the definition of a "course of study" and a "registered course" as provided in the Regulations and the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that the Personalised Register of Institutions and Courses for Overseas Students (PRISMS) database, maintained by the Department of Education, Skills and Employment and used by the Department of Home Affairs, serves as a reliable record of student enrolments. In this instance, the applicant's PRISMS record indicated no current enrolment in any course of study. As the applicant provided no contrary evidence, the Tribunal was not satisfied that the applicant met the enrolment criterion under clause 500.211(a).

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa.