Tamjid (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

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 necessary information to satisfy the decision-maker of the relevant criteria.

The Tribunal reasoned that it is incumbent upon the applicant to provide sufficient information to satisfy the requirements of the Act and Regulations, noting that while the onus of proof is not strictly applicable in administrative decision-making, the applicant must supply the relevant facts. In this instance, although the applicant had previously confirmed enrolment, there was no recent evidence before the Tribunal to establish that the applicant was currently enrolled in a registered course of study, as defined by the Regulations. Consequently, the Tribunal could not be satisfied that the criteria under clause 500.211 were met.

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