Atla (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by the applicant. The applicant sought review of the delegate's decision to refuse to grant the visa. The Tribunal was required to determine whether the applicant had provided adequate evidence of genuine access to funds (GAF) as required by clause 500.214(3) of the Migration Regulations 1994, read in conjunction with the legislative instrument LIN 19/198.

The Tribunal considered the requirements for evidence of financial capacity as set out in LIN 19/198. The applicant had been invited by the Tribunal to provide documents to establish that they met the visa criteria, including a copy of their current Confirmation of Enrolment (COE) or other documents demonstrating current enrolment, and evidence of genuine access to sufficient funds to meet costs and expenses during their intended stay in Australia. The Tribunal noted that the applicant had failed to provide a current COE.

The Tribunal found that the applicant had been provided with adequate written notice of the need to provide a current COE and other required documents. Given the applicant's failure to meet this requirement, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not met. Accordingly, the Tribunal affirmed the decision not to grant the visa.