Barima (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by an applicant to the Minister. 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 sufficient evidence of financial capacity in accordance with the relevant legislative instrument.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 500.214(3) of Schedule 2 to the Migration Regulations 1994, as elaborated by the legislative instrument LIN 19/198. Specifically, the Tribunal had to assess if the applicant had provided adequate evidence demonstrating genuine access to sufficient funds to meet the costs and expenses associated with their intended stay in Australia, including course fees, living costs, and travel expenses, as well as the costs for any accompanying family members.

The Tribunal found that the applicant had failed to provide adequate evidence of genuine access to funds. The Tribunal noted that it had provided the applicant with adequate written notice, inviting them to attend a hearing and requesting specific documents, including a current Confirmation of Enrolment (COE) or other proof of current enrolment, documents relating to past studies, and evidence of financial capacity. The Tribunal concluded that the applicant had not met the criteria for the grant of the visa.

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