OSPINO AREVALO (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 failed to provide requested information to the decision maker, and the Tribunal considered whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the genuine temporary entrant criterion and, specifically, clause 500.211 of the Regulations, which requires an applicant to be enrolled in a registered course of study at the time of the decision. The Tribunal also considered the applicant's entitlement to a hearing in light of the information provided.

The Tribunal reasoned that it is the applicant's responsibility to satisfy the decision maker that the requirements of the Act and Regulations have been met, and that the applicant must supply the relevant facts. In this instance, the applicant had previously confirmed enrolment in a course of study but provided no recent evidence, such as a current Confirmation of Enrolment or a letter from her educational institution, to demonstrate she was still enrolled in a "full-time registered course" as defined by the Regulations. Without this evidence, the Tribunal could not be satisfied that clause 500.211 was met.

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