Wang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The applicant's claim for this visa was reviewed by the Tribunal, which ultimately affirmed the decision to refuse the visa.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criteria for a Subclass 500 visa, specifically the requirement under clause 500.211(a) of Schedule 2 to the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision.

The Tribunal reasoned that a "course of study" for the purposes of the visa application is defined as a "full-time registered course." It further noted that a "registered course" is one provided by an institution registered under the *Education Services for Overseas Students Act 2000*. The Tribunal accepted the PRISMS database, maintained by the Department of Education, Skills and Employment and used by the Department of Home Affairs, as a reliable record of enrolments unless there was specific evidence to the contrary. In this instance, the PRISMS record indicated the applicant's enrolment in a Diploma of Marketing and Communications had been cancelled due to non-commencement of studies. Despite being given an opportunity to respond to this information, the applicant did not provide any reply.

Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, and therefore, clause 500.211 was not met. The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.