Rajwinder Singh (Migration)

The Administrative Appeals Tribunal considered the case of Rajwinder Singh concerning his application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision not to grant him this visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion in clause 500.211(a) of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the definition of a "course of study" as a "full-time registered course" and the role of the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and the Provider Registration and International Student Management System (PRISMS) in verifying such enrolment.

The Tribunal reasoned that 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 this case, a PRISMS search conducted on 1 February 2022 indicated that the applicant had no current enrolment and his last enrolment had been cancelled. Despite requests made on 6 October 2021 and 21 February 2022 for information and evidence of current enrolment, the applicant failed to provide any such details. Consequently, the Tribunal was not satisfied that the applicant met the enrolment requirement under clause 500.211(a).

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