Kaur (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) visa (Class TU), Subclass 500 (Student). The review was heard 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 visa, specifically whether the applicant was enrolled in a course of study as required by clause 500.211(a) of Schedule 2 to the Migration Regulations.

The Tribunal considered the evidence before it, including a confirmation of enrolment that the applicant stated she did not possess. The Tribunal found that it did not have before it recent evidence demonstrating the applicant was presently enrolled in a course of study. The Tribunal reiterated that it is for the applicant to satisfy the Tribunal that the requirements of the Act and Regulations have been met, and that while the concept of onus of proof is not appropriate in administrative decision-making, the applicant must supply the relevant facts. As the Tribunal was not satisfied that the applicant was presently enrolled in a course of study, it affirmed the delegate's decision.