Park (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The central dispute revolved around whether the applicant met the criteria for this visa, specifically concerning their enrolment status 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 stipulated by clause 500.211(a) of the Migration Regulations 1994. The definition of a "course of study" under the regulations was also relevant, requiring it to be a "full-time registered course." A "registered course" was defined by reference to the Education Services for Overseas Students Act 2000 and the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

The Tribunal reasoned that the Provider Registration and International Student Management System (PRISMS) is a reliable business record of the Department of Education, Skills and Employment, used by the Department of Home Affairs as evidence of enrolment for student visa assessments. In the absence of any evidence to the contrary, the Tribunal accepted PRISMS as a reliable record. As the applicant did not provide evidence of their enrolment in a registered full-time course, and PRISMS did not indicate such enrolment, the Tribunal was not satisfied that clause 500.211(a) was met. Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not satisfied.

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