Bui (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms. Bui for a Student (Temporary) (Class TU) visa, subclass 500. The dispute concerned whether Ms. Bui met the genuine access to funds requirement for the visa. The AAT member had refused the visa, finding that Ms. Bui had not demonstrated genuine access to sufficient funds to cover her living expenses and tuition fees.

The primary legal issue before the AAT was whether the evidence presented by Ms. Bui, including evidence of her financial capacity and a statement of support from her sponsor, satisfied the genuine access to funds requirement under the *Migration Regulations 1994* (Cth). This involved assessing whether the funds were genuinely available to her and whether the sponsor's support was credible and sufficient.

The AAT member's decision was set aside and remitted for redetermination. The Tribunal found that the AAT member had failed to adequately consider all the evidence before her, including the pro rata equivalent of the financial capacity evidence and the statement of support from the sponsor. The Tribunal held that the AAT member should have given proper consideration to whether these documents, when viewed collectively, demonstrated genuine access to funds. The case was remitted to the AAT for a fresh decision.