LADORSKI (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500. The applicant had failed to provide confirmation of enrolment, and despite the Tribunal contacting the applicant, no response was received. The review applicant was seeking to remain in Australia.

The legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of a Subclass 500 (Student) visa, specifically the requirement under clause 500.211(a) of the Regulations that the applicant be enrolled in a course of study. The Tribunal was required to determine if it had before it sufficient evidence to be satisfied that this criterion had been met.

The Tribunal reasoned that while the onus of proof is not strictly applicable in administrative decision-making, the applicant bears the responsibility of supplying the necessary facts to enable the decision-maker to establish the relevant criteria. In this instance, the Tribunal did not have recent evidence of the applicant's current enrolment in a course of study. Consequently, the Tribunal was not satisfied that the applicant met the requirements of clause 500.211(a).

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