Yu (Migration)

The applicant, Mr. Yu, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his Student (Temporary) (Class TU) visa, subclass 500. The AAT's decision was made following Mr. Yu's failure to respond to a communication from the Tribunal and the absence of evidence of his current enrolment in a course of study.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by affirming the visa refusal without further inquiry into Mr. Yu's circumstances, particularly concerning his enrolment status. The court was required to consider whether the AAT had discharged its duty to provide procedural fairness to the applicant.

Justice Creedon found that the AAT had not erred in law. The Tribunal had provided Mr. Yu with an opportunity to respond to its concerns regarding his enrolment, and his failure to do so, coupled with the lack of evidence of current enrolment, entitled the AAT to proceed with its decision. The court affirmed that the onus was on the applicant to provide the necessary information to satisfy the visa criteria, and the AAT was not obliged to conduct an independent investigation into his circumstances beyond the information provided. The application for judicial review was dismissed.