Liu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Subclass 500 (Student) visa. The primary dispute concerned whether the applicant met the criteria for the visa, specifically regarding their enrolment in a registered course of study.

The Tribunal was required to determine if the applicant was enrolled in a full-time registered course of study at the time of the decision, as mandated by clause 500.211(a) of Schedule 2 to the Migration Regulations. The applicant did not contend they met any alternative criteria under clause 500.211(b) to (d).

The Tribunal reasoned that a "registered course" is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000 (Cth). The PRISMS (Provider Registration and International Student Management System) database, managed by the Department of Education, Skills and Employment and used by the Department of Home Affairs, serves as the official record of overseas student enrolments. The applicant's PRISMS record indicated no enrolment in any course of study after 12 November 2021. Absent any evidence to the contrary, the Tribunal accepted the PRISMS record as reliable and concluded that the applicant was not enrolled in a course of study at the time of the decision, thus failing to meet the criteria under clause 500.211.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.