Nikolaou (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning an application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant failed to provide requested information within the prescribed period, and there was no evidence of current enrolment in a course of study. The AAT Member, D. Shirrefs, was tasked with determining whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.211 of the Regulations, which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the applicant's obligation to provide sufficient information to enable the assessment of their case.

The Tribunal reasoned that it is the applicant's responsibility to satisfy the requirements of the Migration Act and Regulations, including providing the necessary evidence. In this instance, there was no recent evidence before the Tribunal demonstrating the applicant's enrolment in a course of study as defined by the Regulations. Consequently, the Tribunal could not be satisfied that the primary criteria for the visa were met. The applicant did not claim to meet any alternative criteria or the criteria for a Subclass 590 (Student Guardian) visa.

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