HAN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by an applicant seeking a Subclass 500 (Student) visa. The applicant had failed to provide requested information to the Department, and the delegate of the Minister decided not to grant the visa. The applicant then sought review of this decision by the AAT.

The primary legal issue before the AAT was whether the applicant met 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 information 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 necessary for the decision-maker to establish the criteria. In this instance, the Tribunal noted that it did not have before it recent evidence demonstrating the applicant was currently enrolled in a course of study, as required by clause 500.211(a). Consequently, the Tribunal was not satisfied that this essential criterion had been met.

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