Wongsongyos (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), brought by the applicant, Wongsongyos. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the grant of this visa.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of the *Migration Regulations 1994* (Cth) for a Subclass 500 visa, specifically the criterion that the applicant 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 necessary information to enable the assessment of their case.

The Tribunal reasoned that it is incumbent upon the applicant to provide sufficient evidence to satisfy the criteria for a visa. In this instance, there was no recent evidence before the Tribunal demonstrating that the applicant was enrolled in a registered 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 Tribunal affirmed the decision not to grant the applicant the visa.