GOMES DE OLIVEIRA (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The Administrative Appeals Tribunal (AAT) was the court of review. The applicant had not provided evidence of current enrolment in a course of study, nor had they responded to the Tribunal's invitation to provide such information.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 visa, specifically the requirement under clause 500.211(a) of the Migration Regulations 1994 that the applicant be enrolled in a course of study. The Tribunal also considered its obligations under Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion for student visa applications.

The Tribunal reasoned that it is the applicant's responsibility to satisfy the requirements of the Act and Regulations, and that while the onus of proof is not strictly applied in administrative decision-making, the applicant must supply the necessary facts. In this instance, the Tribunal did not have before it recent evidence of the applicant's current enrolment in a course of study, a crucial criterion under clause 500.211(a). Consequently, the Tribunal was not satisfied that this criterion had been met. The Tribunal also noted that the applicant had not responded to its invitation to provide further information, thereby not availing themselves of a fair opportunity to present their case.

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