Masias (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The review was heard by the Tribunal, with Member Mark Bishop presiding. The core of the dispute revolved around the applicant's failure to provide evidence of current enrolment in a course of study, a key criterion for the visa.

The Tribunal was required to determine whether the applicant had satisfied the criteria for a Subclass 500 visa, as set out in Part 500 of Schedule 2 to the Regulations. Specifically, the Tribunal had to consider whether the applicant met the requirements of clause 500.211, which mandates that an applicant be enrolled in a course of study, among other potential conditions. The Tribunal also implicitly considered the applicant's obligation to provide sufficient evidence to satisfy the requirements of the Act and Regulations.

The Tribunal reasoned that while the onus of proof is not a concept strictly applied in administrative decision-making, the applicant bears the responsibility of supplying the relevant facts and evidence. In this instance, the Tribunal noted that it did not have before it recent evidence demonstrating the applicant's current enrolment in a course of study, as required by clause 500.211(a). Without this crucial evidence, the Tribunal was not satisfied that the applicant met this primary criterion for the visa.

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