MIGRATION - Student (Temporary) (Class TU) visa - Subclass 500 (Student) - genuine temporary entrant - previous course completed and no current enrolment - decision under review affirmed

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), r 1.03, Schedule 2, cls 500.111, 500.211(a), 500.212(a)

1. This is an application for review of a decision made by a delegate of the Minister on 15 May 2024 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
2. The applicant applied for the visa on 13 November 2023. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.
3. The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because they were not satisfied the applicant genuinely intends to stay in Australia temporarily.
4. On 25 July 2025 the Tribunal wrote to the applicant advising that it is a requirement of a Student visa that he be enrolled in a course of study, and that he is a genuine applicant for entry and stay as a student. He was invited to provide sufficient information to satisfy that he meets both those requirements.
5. On 13 November 2025 the Tribunal wrote to the applicant advising that a hearing had been listed to take place on 2 December 2025. Among other things, the correspondence requested the applicant provide a copy of a current Certificate of Enrolment or other documents showing enrolment in a course of study as defined in cl 500.211, and as required by cl 500.211(a) of schedule 2 to the Regulations for the grant of the visa.
6. The applicant appeared before the Tribunal by video on 2 December 2025 to give evidence and present arguments.
7. The Tribunal raised with the applicant that one of the issues now is whether he meets cl 500.211, that is whether he is enrolled in a course of study. The Tribunal referred to information before it from the Provider Registration and International Student Management System ('PRISMS') indicating he completed an Advanced Diploma of Civil Construction Design in September 2025, and that he does not hold a current Confirmation of Enrolment in a course of study. The applicant confirmed he completed the Advanced Diploma course and he has now left Australia. He also confirmed he is not presently enrolled in a course of study.
8. The Tribunal gave the applicant the opportunity to provide any further information, to be provided by midnight on 8 December 2025 (Sydney time, or AEDST). No further information has been received from the applicant.
9. For the following reasons, the Tribunal considers the decision under review should be affirmed.

1. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl 500.211 to cl 500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case now is whether the applicant is enrolled in a full-time registered course, and therefore a course of study, as required by cl 500.211(a).

1. Clause 500.211 relevantly requires that at the time of this decision the applicant is enrolled in a course of study: cl 500.211(a). The applicant does not claim to meet any of the alternative criteria in cl 500.211.
2. 'Course of study' is relevantly defined in cl 500.111 of the Regulations as a 'full-time registered course'. 'Registered course' is defined in reg 1.03 of the Regulations as a course of education or training provided by an institution, body or person that is registered, under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000 (Cth)('ESOS Act'), to provide the course to overseas students.
3. According to the PRISMS website, the Department of Education, Skills and Employment is responsible for the Commonwealth Register of Institutions and Courses for Overseas Students. It is recorded that PRISMS is a computer system developed by the Department in association with the Department of Home Affairs for the purpose of receiving and storing information about accepted overseas students that is given to the Secretary under the ESOS Act. It is further noted that PRISMS provides a secure system for providers of registered educational institutions to comply with legislative requirements by issuing confirmations of enrolments as 'evidence of enrolment' in a registered full-time course as required by the Department of Home Affairs and reporting changes in course enrolment, particularly where study ceases, or the duration of the study changes.
4. It is therefore apparent that PRISMS is a business record of the Department of Education, Skills and Employment and is used by the Department of Home Affairs as evidence of enrolment for the purposes of assessing the grant of student visas. While it is possible providers may not update PRISMS as required, the Tribunal accepts that PRISMS is a reliable record of enrolments unless there is specific evidence to the contrary in relation to a particular case. There is no such evidence in this case. The applicant also indicated at hearing that he is not enrolled in a course of study and has not since provided any evidence to support that he is so enrolled.
5. Therefore, the Tribunal is not satisfied that at the time of this decision, the applicant is enrolled in a course of study and accordingly cl 500.211 is not met.

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