Chin (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500. The applicant had failed to provide confirmation of enrolment or evidence of being enrolled in a registered course of study. The Administrative Appeals Tribunal, after contacting the applicant without response, affirmed the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that the applicant be enrolled in a course of study. The Tribunal also considered the applicant's obligation to provide sufficient evidence to satisfy the requirements of the Act and Regulations.

The Tribunal reasoned that while the onus of proof is not a concept strictly applied in administrative decision-making, the applicant bears the responsibility of supplying the relevant facts and evidence necessary for the decision maker to establish the facts. In this instance, the Tribunal did not have before it recent evidence demonstrating the applicant's current enrolment in a course of study, a prerequisite for the visa. Consequently, the Tribunal was not satisfied that the applicant met the criteria under clause 500.211(a).

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