Weng (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa. The applicant sought to challenge the decision before the Tribunal.

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

The Tribunal considered the definition of a "course of study" as a "full-time registered course" and the role of the Provider Registration and International Student Management System (PRISMS) as a reliable record of enrolments. The PRISMS record indicated that the applicant had completed certain courses and that subsequent enrolments had been cancelled. Crucially, as of the date of the decision, PRISMS did not record any current courses of study being undertaken by the applicant. The Tribunal found that, in the absence of evidence to the contrary, PRISMS was a reliable record and concluded that the applicant was not enrolled in a course of study at the relevant time, thus failing to meet the criteria under clause 500.211.

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