Kaewsit (Migration)

This matter concerned an appeal by an applicant, Kaewsit, against a decision of the Administrative Appeals Tribunal (the Tribunal) affirming the refusal to grant her a Subclass 500 (Student) visa. The applicant had failed to provide requested information to the decision maker, and the Tribunal found that she did not meet the genuine temporary entrant criterion.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the requirement under clause 500.211 of the Regulations that the applicant be enrolled in a registered course of study at the time of the decision. The Tribunal also considered whether the applicant was entitled to a hearing, given her failure to provide requested information.

The Tribunal reasoned that it is incumbent upon an applicant to provide the necessary facts and evidence to satisfy the requirements of the *Migration Act 1958* (Cth) and its associated Regulations. While the onus of proof is not strictly applied in administrative decision-making, the applicant must supply sufficient detail for the decision maker to establish the relevant facts. In this instance, the applicant had previously confirmed her enrolment but provided no recent evidence to satisfy the Tribunal that she was currently enrolled in a full-time registered course of study, as defined by the Regulations. Consequently, the Tribunal could not be satisfied that the criteria for the visa were met.

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