Ho (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Subclass 500 (Student) visa. The applicant's enrolment in a course of study was central to the dispute, as the Tribunal was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the enrolment criterion under clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause requires that at the time of the decision, the applicant is enrolled in a full-time registered course of study. The Tribunal also considered the significance of current enrolment as a prerequisite for the grant of a student visa and the ongoing condition of maintaining enrolment.

The Tribunal reasoned that producing evidence of current enrolment in a registered course is a fundamental requirement for a student visa. This enrolment signifies a legally binding contract with a registered course provider and is a condition that must be continuously met. The Tribunal noted that the PRISMS system, managed by the Department of Education, Skill and Employment, records information about accepted overseas students and is used by educational institutions to confirm enrolments. Without evidence of current enrolment, the Tribunal concluded that it could not proceed to consider other primary criteria for the visa.