Kumar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, where the applicant's eligibility was reviewed by the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant met the primary criteria for the visa, specifically the requirement of being enrolled in a full-time registered course of study at the time of the decision.

The Tribunal was required to determine if the applicant satisfied clause 500.211(a) of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant for a Subclass 500 visa must 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.

The Tribunal reasoned that the Provider Registration and International Student Management System (PRISMS) is a reliable record of enrolments, maintained by the Department of Education, Skills and Employment and used by the Department of Home Affairs for visa assessments. The applicant's PRISMS record indicated no current enrolment in a course of study. Despite an invitation to provide information to the contrary, the applicant did not respond. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion under clause 500.211, leading to the affirmation of the decision not to grant the visa.