Kam (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The central dispute revolved around whether the applicant met the eligibility criteria for the visa, specifically concerning their enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211(a) of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the *Education Services for Overseas Students Act 2000* to provide courses to overseas students.

The Tribunal reasoned that the Provider Registration and International Student Management System (PRISMS) is a reliable record of student enrolments, used by the Department of Home Affairs as evidence for student visa applications. The applicant had previously admitted not being enrolled, and PRISMS searches conducted by the Tribunal in October 2023 and February 2024 confirmed that the applicant was not enrolled in any registered course of study in Australia. Consequently, the Tribunal was not satisfied that the applicant met the enrolment requirement under clause 500.211.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.