Singh (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant had previously had their enrolment cancelled due to non-payment of fees, and at the time of the review hearing, a search of the Provider Registration and International Student Management System (PRISMS) indicated that the applicant did not hold a current confirmation of enrolment in a registered course. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the grant of a Student visa, specifically the requirement to be enrolled in a course of study.

The Tribunal considered the reliability of PRISMS as a record of enrolment, noting that it is a 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. The Tribunal accepted PRISMS as a reliable record in the absence of evidence to the contrary. The applicant had provided a Confirmation of Enrolment for a Bachelor of Business, but the PRISMS search conducted on the date of the hearing revealed no current enrolment. The Tribunal issued a section 359A notice to the applicant, informing them that the lack of a current enrolment was being considered as a reason for affirming the decision, as it meant the applicant did not meet clause 500.211 of the Migration Regulations 1994, which requires enrolment in a registered full-time course for the grant of a Student visa.

The Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa because they did not have a current enrolment in a registered course at the time of the decision. As the applicant did not claim to meet the criteria for any other visa subclass, the Tribunal affirmed the original decision to refuse the visa.