Liu (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500. The applicant had failed to provide requested information within the stipulated timeframe and was not currently enrolled in a registered course of study. The decision under review was made by the Administrative Appeals Tribunal, with Member Damian Creedon presiding.

The primary legal issue before the Tribunal was whether the applicant satisfied 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. The Tribunal considered the definitions of "course of study" and "registered course" as provided in the Regulations and the role of the Provider Registration and International Student Management System (PRISMS) in verifying such enrolments.

The Tribunal reasoned that PRISMS, a system managed by the Department of Education, Skills and Employment and used by the Department of Home Affairs, serves as a reliable record of enrolments for student visa assessments. In the absence of any evidence to the contrary, the Tribunal accepted PRISMS as an accurate reflection of the applicant's enrolment status. As the PRISMS record indicated the applicant was not enrolled in a course of study at the time of the decision, the Tribunal concluded that clause 500.211(a) was not met.

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