Khadka (Migration)

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

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211(a) of Schedule 2 to the Regulations, 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* (Cth).

The Tribunal reasoned that the Provider Registration and International Student Management System (PRISMS) is a reliable record of enrolments, used by the Department of Home Affairs as evidence for student visa assessments. The applicant was provided with adverse information indicating they were not enrolled in a registered course of study and was invited to comment, but failed to do so. In the absence of any evidence to contest this information, the Tribunal concluded that it was in possession of uncontradicted adverse information that the applicant was not enrolled in a registered course of study. As enrolment in such a course is a critical criterion for a student visa, the Tribunal was not satisfied that clause 500.211 was met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.