Anderson (Migration)

The applicant, Anderson, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to refuse to grant a Student (Temporary) (Class TU) Subclass 500 visa. The primary ground for refusal was that the applicant was not considered a genuine temporary entrant. The Administrative Appeals Tribunal affirmed the delegate's decision.

The Federal Circuit Court was required to determine whether the Tribunal erred in law by finding that the applicant did not satisfy the requirements for a genuine temporary entrant. Specifically, the court considered whether the Tribunal was obligated to assist the applicant in making their case or whether it was sufficient that the applicant failed to provide requested further information. The court also considered whether the Tribunal erred in finding that the applicant was not presently enrolled in a course of study.

The court reasoned that the onus is on the applicant to satisfy the decision maker of the criteria for the visa. The Tribunal was not required to make the applicant's case for them, particularly when the applicant had failed to provide requested information. The Tribunal's finding that the applicant was not presently enrolled in a course of study was a factual finding based on the evidence before it. The court found no error of law in the Tribunal's decision.

The application for judicial review was dismissed.