Yang (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by the applicant. The applicant failed to provide requested information to the Tribunal, and the primary issue was whether the applicant was presently enrolled in a course of study as required by the relevant regulations. The decision was made by P. Wood, Senior Member, of the Tribunal.

The legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically 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 was required to determine if the evidence before it established this crucial criterion.

The Tribunal reasoned that it is incumbent upon the applicant to provide sufficient evidence to satisfy the requirements of the Act and Regulations. While not bound by strict rules of evidence, the applicant must supply the relevant facts necessary for the decision-maker to establish them. 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. Consequently, the Tribunal was not satisfied that the applicant met the requirement of clause 500.211(a).

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