Diep (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The Minister had required the applicant to provide evidence of financial capacity in accordance with clause 500.214(3) of the Migration Regulations 1994. The applicant failed to provide the necessary documentation to satisfy the Genuine Access to Funds (GAF) requirement.

The Tribunal was required to determine whether the applicant had provided sufficient evidence of financial capacity as stipulated by clause 500.214(3) and the associated legislative instrument, LIN 19/198. Specifically, the Tribunal needed to assess if the applicant had demonstrated genuine access to sufficient funds to cover course fees, living costs, and travel expenses for themselves and any accompanying family members, as well as evidence that these funds were of a specified kind.

The Tribunal found that the applicant had been provided with adequate written notice of the required information, including a copy of LIN 19/198, and was invited to a hearing to present their case. Despite this, the applicant did not submit the required documentation to satisfy the financial capacity requirements. Consequently, the Tribunal concluded that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa.

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