Lamsal (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 decision was made by the Administrative Appeals Tribunal, with Member Vanessa Plain presiding. The core of the dispute revolved around whether the applicant met the criteria for the visa, specifically concerning their enrolment in a course of study.

The Tribunal was required to determine if the applicant had satisfied the primary criteria for a Subclass 500 (Student) visa, as set out in the *Migration Regulations 1994* (Cth). This included assessing whether the applicant was enrolled in a course of study at the time of the decision, as stipulated by clause 500.211. The Tribunal also considered the applicant's obligation to provide sufficient evidence to satisfy the requirements of the *Migration Act 1958* (Cth) and the Regulations.

Member Vanessa Plain reasoned that it is incumbent upon the applicant to provide the necessary facts and evidence to satisfy the Tribunal that the visa criteria have been met, rather than for the decision-maker to construct the applicant's case. While the applicant had previously provided a Confirmation of Enrolment when applying to the Department, there was no recent evidence before the Tribunal to demonstrate current enrolment in a registered course of study, as defined by clause 500.211 and regulation 1.03. Without this essential evidence, the Tribunal could not be satisfied that the criteria for the visa were met.

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