Evgenis (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs not to grant Student (Temporary) (Class TU) visas, subclass 500, to the applicants. The primary applicant sought to obtain a student visa, and the second applicant was a secondary applicant, presumably a member of the primary applicant's family unit. The decision under review was affirmed by the Tribunal.

The legal issues before the Tribunal were whether the applicants met the criteria for the grant of a Subclass 500 (Student) visa. Specifically, the Tribunal was required to determine if the primary applicant was enrolled in a course of study as required by clause 500.211 of the Regulations, and consequently, if the secondary applicant met the secondary criteria as a member of the family unit of a person satisfying the primary criteria.

The Tribunal reasoned that it is the applicant's responsibility to satisfy the decision maker that the requirements of the Act and Regulations have been met, and that the applicant must supply the relevant facts. The primary applicant had stated they held a Confirmation of Enrolment at the time of their initial application to the Department, but no recent evidence of current enrolment in a full-time registered course was provided to the Tribunal. As the primary applicant failed to demonstrate they met the criterion in clause 500.211, the Tribunal could not be satisfied that the criteria for the visa grant were met. Consequently, the secondary applicant, not being a member of the family unit of a person who satisfied the primary criteria, also failed to meet the relevant criteria.

The Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.