Chow (Migration)

This matter concerned an application for review of a decision by a delegate not to grant the applicant a Subclass 500 (Student) visa. The applicant had failed to provide requested information to the Tribunal, and the Tribunal was not satisfied that the applicant met the genuine temporary entrant criterion.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 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 whether the applicant was entitled to a hearing, given the lack of requested information.

The Tribunal reasoned that while the onus of proof does not strictly apply in administrative decision-making, the applicant bears the responsibility of supplying the necessary facts to enable the decision-maker to establish the relevant criteria. In this instance, the Tribunal did not have before it recent evidence demonstrating the applicant's current enrollment in a course of study, as required by clause 500.211(a). Consequently, the Tribunal was not satisfied that this criterion was met.

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