Jo (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa. The applicant sought to have the decision affirmed by the Tribunal. The central issue was whether the applicant met the criteria for the visa, specifically concerning their enrolment in a full-time registered course of study.

The Tribunal was required to determine whether the applicant was enrolled in a course of study as defined by the Migration Regulations 1994, which requires enrolment in a "full-time registered course". A "registered course" is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal considered the role of the Provider Registration and International Student Management System (PRISMS), a computer system used by the Department of Education, Skills and Employment and the Department of Home Affairs to record and verify student enrolments.

The Tribunal reasoned that PRISMS serves as a reliable business record of enrolments, used by the Department of Home Affairs for visa assessment purposes. In the absence of any evidence to the contrary, the Tribunal accepted PRISMS as a trustworthy record. Based on the information available, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision. Consequently, the primary criteria for the Subclass 500 visa were not met.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.