Kaewmueang (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Ms Kaewmueang, sought to challenge the delegate's decision before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant met the criteria for a genuine temporary entrant, specifically concerning her enrolment in a registered course of study.

The Administrative Appeals Tribunal was required to determine whether the applicant satisfied the primary criteria for a Subclass 500 (Student) visa, as set out in Schedule 2 of the Regulations. The specific issue was whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as mandated by clause 500.211(a). The Tribunal also considered the definition of a "course of study" and "registered course" within the relevant legislative framework, including the role of the PRISMS system.

The Tribunal reasoned that clause 500.211(a) imposed a mandatory requirement for the grant of a student visa. It noted that a "course of study" must be a "full-time registered course," with "registered course" defined by reference to the Education Services for Overseas Students Act 2000 and the Commonwealth Register of Institutions and Courses for Overseas Students (PRISMS). The Tribunal accepted PRISMS as a reliable record of enrolments, absent evidence to the contrary. The applicant's PRISMS record indicated she was not enrolled in a course of study at the relevant time, a fact consistent with her own evidence. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion.

As the applicant failed to satisfy the mandatory requirement of clause 500.211(a), the Tribunal concluded that she did not meet the requirements for the grant of a student visa. Accordingly, the Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa.