Ngo (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The primary dispute revolved around whether the applicant met the necessary enrolment requirements for the visa at the time of the Tribunal's decision.

The legal issue before the Tribunal was to determine if the applicant satisfied the enrolment criteria stipulated in the Migration Regulations. Specifically, the Tribunal had to ascertain whether the applicant was enrolled in, or held a current offer of enrolment in, a principal course of study as required by the regulations for the relevant subclass, unless they fell within specific exceptions for eligible higher degree, university exchange, or non-award students.

The Tribunal found that the applicant had not provided sufficient evidence to demonstrate current enrolment or a valid offer of enrolment in a registered course. While the applicant claimed to be changing courses and awaiting a new intake, evidence presented, such as a student card and timetable, did not align with information in the Provider Registration and International Student Management System (PRISMS). The PRISMS system indicated the applicant's last registered courses were high school studies, raising doubts about the veracity of the applicant's claims and their overall credibility.

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