Puri (Migration)

The applicant sought review of a decision not to grant a Student (Temporary) (Class TU) visa, subclass 500. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a registered course of study.

The Tribunal considered whether the applicant was enrolled in a registered course of study, a primary criterion for a student visa under clause 500.211 of the Regulations. The applicant had not responded to the Tribunal's invitations to provide information, including a questionnaire, and had not provided evidence of current enrolment. Searches of the Provider Registration and International Student Management System (PRISMS) indicated no current enrolment.

The Tribunal reasoned that enrolment in a registered course of study is a foundational requirement for a student visa, and without evidence of such enrolment, other criteria cannot be considered. Despite the applicant's lack of response to multiple requests for information, including a specific invitation to comment on the PRISMS search results, the Tribunal decided against further postponement of the determination. The Tribunal found that the criteria for the grant of a Subclass 500 visa were not met.

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