MAZIUN (Migration)

This matter concerned an appeal by an applicant for a Student (Temporary) (Class TU) visa, subclass 500, against the decision of the Administrative Appeals Tribunal (AAT) to affirm the refusal of their visa application. The applicant had failed to provide evidence of current enrolment in a course of study and had not responded to a section 359 letter issued by the Tribunal.

The primary 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 of the Regulations that the applicant be enrolled in a course of study at the time of the decision. The Tribunal also considered the applicant's obligation to provide sufficient information to enable the Tribunal to establish the relevant facts, even though the concept of onus of proof is not strictly applied in administrative decision-making.

The Tribunal reasoned that while the applicant had previously provided a Confirmation of Enrolment, there was no recent evidence before it to satisfy the requirement of current enrolment in a registered, full-time course of study. As the applicant did not claim to meet any alternative criteria within clause 500.211, nor the criteria for a Student Guardian visa, and the "Movements Details" record was afforded no weight, the Tribunal concluded that the applicant had failed to satisfy the essential criteria for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.