Karwal (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, Subclass 500. The applicant sought to have the decision of the Department of Home Affairs set aside by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically whether the applicant was enrolled in a full-time registered course of study as required by clause 500.211(a) of Schedule 2 to the Migration Regulations 1994. The Tribunal also considered the applicant's failure to respond to invitations to provide further information or submissions.

The Tribunal reasoned that a "course of study" for the purposes of the visa application was defined as a "full-time registered course," and a "registered course" was one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal accepted the reliability of the Provider Registration and International Student Management System (PRISMS) as a business record of the Department of Education, Skills and Employment, used by the Department of Home Affairs to evidence enrolment for student visa assessments. The applicant had been given two opportunities to provide information or submissions, including being put on notice that the Department had information indicating he was not enrolled in any course of study, but he failed to respond.

Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, meaning clause 500.211 was not met. The Tribunal affirmed the decision not to grant the applicant the visa.