Singh (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Subclass 500 (Student) visa. The core of the dispute revolved around whether the applicant met the criteria for this visa, specifically concerning their intention to remain in Australia temporarily and their enrolment in a registered course of study.

The Tribunal was required to determine if the applicant satisfied the primary criteria for a Subclass 500 visa, as set out in Schedule 2 of the Regulations. The central issue was whether the applicant was enrolled in a "full-time registered course" at the time of the decision, as stipulated by clause 500.211(a). This criterion is fundamental to establishing the applicant's status as a genuine student intending to study in Australia.

In reaching its decision, the Tribunal reviewed the applicant's study history as recorded in the Provider Registration and International Student Management System (PRISMS). The Tribunal formally put to the applicant information indicating a history of unrelated courses, many of which were either not started or were cancelled shortly after commencement. The applicant confirmed that they were not currently enrolled in a course in Australia and had not studied since November 2017. Based on this confirmation and the PRISMS records, the Tribunal concluded that the applicant did not meet the enrolment criteria for the Subclass 500 visa. Consequently, the Tribunal affirmed the original decision to refuse the visa.