Jeffery (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), where the applicant sought review of a decision not to grant the visa. The decision was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 (Student) visa, specifically the requirement under cl.500.211(a) of the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the applicant's obligation to provide sufficient detail to enable the Tribunal to establish the relevant facts for making its administrative decision.

The Tribunal reasoned that it was incumbent upon the applicant to present evidence to satisfy the Tribunal that the visa criteria had been met. In this instance, the Tribunal found there was no recent evidence before it to establish that the applicant was enrolled in a course of study as defined by the Regulations. Consequently, the Tribunal could not be satisfied that the primary criteria for the visa were met.

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