Garabilez (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Garabilez. The Minister had required the applicant to provide evidence of financial capacity under clause 500.214(3) of the Migration Regulations 1994. A delegate had previously found that the applicant did not provide sufficient evidence of genuine access to funds (GAF) to satisfy this criterion. The Tribunal was tasked with making a finding at the time of its decision.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity, specifically demonstrating genuine access to sufficient funds to meet their costs and expenses during their intended stay in Australia, as required by clause 500.214(3) and the legislative instrument LIN 19/198. This included demonstrating the ability to cover course fees, living costs, school costs (where relevant), and travel costs for themselves and any accompanying family members.

The Tribunal reasoned that it was required to make a time-of-decision finding, meaning current information was necessary. The Tribunal had provided the applicant with adequate written notice of the requirement to provide documents demonstrating genuine access to sufficient funds and evidence that these funds were of a specified kind. The Tribunal was satisfied that the applicant had met the requirements of clause 500.214.

Accordingly, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the criteria under clause 500.214 of Schedule 2 to the Regulations.