Jannat (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Migration Review Tribunal. The applicant sought review of a decision not to grant the visa. The Tribunal noted that it is incumbent upon an applicant to provide sufficient evidence to satisfy the requirements of the *Migration Act 1958* (Cth) and its associated Regulations, rather than for the decision-maker to construct the applicant's case.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the *Migration Regulations 1994* (Cth) that the applicant be enrolled in a course of study at the time of the decision. A "course of study" was defined as a "full-time registered course," with "registered course" referring to a course provided by an institution registered under the *Education Services for Overseas Students Act 2000* (Cth).

The Tribunal found that there was no recent evidence before it to satisfy the requirement of current enrolment in a course of study as mandated by clause 500.211. As the applicant did not claim to meet any alternative criteria within clause 500.211, nor did they claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded it could not be satisfied that the visa criteria were met. Consequently, the Tribunal affirmed the decision not to grant the visa.