Wang (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.

The central legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of a Subclass 500 visa, particularly the requirement under clause 500.211(a) of Schedule 2 to the Regulations that the applicant be enrolled in a course of study.

The Tribunal reasoned that while the onus of proof does not apply in administrative decision-making, the applicant bears the responsibility of supplying the necessary facts to enable the decision-maker to establish the relevant criteria. 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). Consequently, the Tribunal was not satisfied that this essential criterion had been met.

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