Lin (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse a Subclass 500 (Student) visa. The applicant, a 35-year-old Chinese national, had previously studied in Australia and held a Diploma of Leadership and Management. She had applied for a student visa with the intention of studying a Certificate IV and Diploma of Project Management. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as required by clause 500.211(a) of Schedule 2 to the Migration Regulations 1994. A "course of study" 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 considered the role of the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and the Provider Registration and International Student Management System (PRISMS) as reliable records of enrolments, unless there was specific evidence to the contrary.

The Tribunal found that the applicant had not provided any response to invitations to provide information or comment regarding her enrolment status. Based on the available evidence, including the Department's decision record, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision. Consequently, the Tribunal concluded that clause 500.211 was not met. The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.