Lakhanpal (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant failed to provide requested information by the deadline stipulated in a section 359A invitation, which meant they were not entitled to a hearing under section 360(3) of the Act, as per section 363A.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211(a) of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered 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 the official record for confirming enrolments in registered courses for overseas students, and it is used by the Department of Home Affairs for visa assessments. As the applicant did not provide evidence of enrolment in a registered course, and there was no evidence to the contrary, the Tribunal was not satisfied that the applicant met the criteria in clause 500.211(a).

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