Dang (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse to grant a Student (Temporary) (Class TU) visa, subclass 500, to the applicant. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had provided sufficient evidence of genuine access to funds (GAF) to meet the requirements of clause 500.214(3) of Schedule 2 to the Migration Regulations 1994, as elaborated by the legislative instrument LIN 19/198. This determination was to be made at the time of the Tribunal's decision, meaning the applicant needed to satisfy the GAF criteria at that point.

The Tribunal noted that a Confirmation of Enrolment (COE) serves as proof of enrolment and evidence of financial capacity under clause 6(2) of LIN 19/198. The delegate had previously found the applicant failed to provide sufficient evidence of GAF. The Tribunal wrote to the applicant on 15 July 2020, inviting them to a hearing and requesting current documentation, including a COE or equivalent, evidence of past studies, and either proof of sufficient funds for intended stay and expenses or evidence of parental/partner income and genuine access to those funds. The applicant failed to respond to this request or attend the hearing.

Given the applicant’s failure to provide current enrolment details or evidence of financial capacity, the Tribunal found 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.