OSORIO MARIN (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by the applicant, Osorio Marin. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a full-time registered course of study. The applicant had not responded to invitations from the Tribunal to provide information and comment.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211(a) of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant for a subclass 500 visa must be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal considered the role of the Provider Registration and International Student Management System (PRISMS) as a reliable record of enrolments, used by the Department of Home Affairs for visa assessments.

The Tribunal found that a PRISMS search conducted on 13 February 2023 confirmed that the applicant did not hold a current Confirmation of Enrolment (CoE) and was not currently enrolled in a course of study. In the absence of any evidence to the contrary, the Tribunal accepted PRISMS as a reliable record. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion under clause 500.211.

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