Singh (Migration)

This decision concerns an application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision not to grant the visa. The primary issue before the Tribunal was whether the applicant met the criteria for a genuine temporary entrant, specifically concerning their enrolment in a full-time registered course of study as required by clause 500.211(a) of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant was enrolled in a full-time registered course 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 PRISMS (Provider Registration and International Student Management System) database, which is maintained by the Department of Education, Skills and Employment and used by the Department of Home Affairs as evidence of enrolment for student visa assessments.

The Tribunal reasoned that PRISMS is a reliable record of enrolments unless there is specific evidence to the contrary. In this case, the applicant's PRISMS record indicated that their enrolment in a Bachelor of Business degree was cancelled for non-commencement on 1 March 2022, and no subsequent enrolment was recorded. The applicant did not provide any information or comment in response to invitations from the Tribunal to address this issue. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, meaning clause 500.211 was not met.

As the applicant failed to satisfy this essential criterion for the visa, the Tribunal affirmed the delegate's decision not to grant the Student (Temporary) (Class TU) visa.