Huang (Migration)

The Administrative Appeals Tribunal affirmed a delegate's decision concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicant appealed this decision to the Federal Circuit Court, which subsequently remitted the matter back to the Tribunal for reconsideration.

The primary legal issues before the Tribunal were whether the applicant was entitled to appear before it to give evidence and present arguments, and whether the applicant met the criterion for a Student visa relating to current enrolment. The Tribunal was required to determine the consequences of the applicant's failure to respond to invitations for information and comments.

The Tribunal reasoned that by failing to provide requested information under section 359(2) of the Migration Act 1958 (Cth) within the prescribed period, the applicant lost their entitlement to appear before the Tribunal, as per section 359C and section 360(3) of the Act. This was supported by the principle in *Hasran v MIAC* [2010] FCAFC 40, which states that if an applicant has no entitlement to a hearing, the Tribunal lacks the power to permit them to appear. Furthermore, the Tribunal considered information from the Provider Registration and International Student Management System (PRISMS) indicating the applicant did not hold a current Confirmation of Enrolment. The applicant also failed to provide comments on this information, which was relevant to the criterion in clause 500.211 of Schedule 2 to the Migration Regulations 1994 (Cth). The Tribunal reiterated that the onus is on the applicant to satisfy the requirements of the Act and Regulations by supplying the necessary facts.

The Tribunal affirmed the delegate's decision.