Muigai (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Mr Muigai. The central dispute revolved around whether Mr Muigai was enrolled in a registered course of study as required by the relevant migration regulations. The decision was made by Mireya Hyland, a Member of the Tribunal.

The legal issue before the Tribunal was to determine whether Mr Muigai met the requirements of clause 500.211 of the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. This clause defines a "course of study" as a "full-time registered course," with a "registered course" being one provided by an institution registered under the *Education Services for Overseas Students Act 2000* (Cth) to provide courses to overseas students.

The Tribunal considered evidence from a search of the Provider Registration and International Student Management System (PRISMS), which it found to be reliable evidence of enrolment. The PRISMS search indicated that Mr Muigai had been enrolled in and studying a Graduate Diploma of Management (Learning) since 5 June 2023, with a completion date of 2 June 2024. Based on this evidence, the Tribunal concluded that Mr Muigai was enrolled in a course of study at the time of the decision, thereby satisfying clause 500.211. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that Mr Muigai met the criteria under clause 500.211.