Yang (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The Tribunal, constituted by Wendy Banfield, was required to determine whether the applicant met the criteria for the visa.

The central legal issue before the Tribunal was 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 Migration Regulations 1994. The applicant did not claim to meet any alternative criteria for enrolment.

The Tribunal reasoned that 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 accepted the PRISMS database, managed 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. According to PRISMS, the applicant had completed a course in June 2017 and all subsequent courses had been cancelled, with no evidence of current enrolment in an approved course. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

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