Huang (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Penelope Hunter, was required to determine whether the applicant met the criteria for the visa.

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 1994. The definition of a "course of study" under clause 500.111 requires it to be a "full-time registered course," with "registered course" defined by regulation 1.03 as a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal considered the role of the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and the Provider Registration and International Student Management System (PRISMS) as reliable records of enrolment for the Department of Home Affairs. A check of the applicant's PRISMS records on 1 August 2024 revealed no current enrolment. Furthermore, the applicant's own documentation indicated she was not enrolled as of 30 August 2024 and needed to re-enrol to obtain a Confirmation of Enrolment (CoE).

Based on these findings, the Tribunal concluded that the applicant had not satisfied the criteria for the grant of a Subclass 500 (Student) visa. Accordingly, the Tribunal affirmed the decision under review.