Alvarez Morgan (Migration)

This matter concerned an application for review by Alvarez Morgan (Migration) of a decision not to grant a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The decision was reviewed by P. Adami of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 (Student) visa, specifically clause 500.211 of the Regulations, which requires the applicant to be enrolled in a course of study at the time of the decision. The Tribunal also considered whether the applicant met the criteria for a Subclass 500 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that while the applicant had previously provided a Confirmation of Enrolment when applying to the Department, there was no recent evidence before it to satisfy the requirement of current enrolment in a course of study as mandated by clause 500.211. The Tribunal emphasised that it is for the applicant to supply the necessary facts to enable the decision maker to establish the relevant criteria, and that a decision maker is not required to make the applicant's case. As the applicant failed to provide sufficient evidence of current enrolment, the Tribunal could not be satisfied that the criteria for the visa were met.

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