Goma (Migration)

The Administrative Appeals Tribunal considered the case of GAF, an applicant for a Subclass 500 (Student) visa. The dispute centred on whether the applicant had demonstrated genuine access to sufficient funds to meet their costs and expenses during their intended stay in Australia, as required by clause 500.214 of Schedule 2 to the Migration Regulations 1994. The Minister had required the applicant to provide evidence of financial capacity in accordance with clause 500.214(3), with the specific requirements detailed in LIN 19/198.

The Tribunal was required to determine if the applicant had satisfied the financial capacity requirements for the Subclass 500 visa. Specifically, the Tribunal had to assess whether the applicant had provided sufficient evidence of genuine access to funds to cover their living costs, course fees, and travel expenses, as well as those of any family members who would be in Australia. This assessment was to be made at the time of the decision, requiring current and up-to-date information from the applicant.

The Tribunal found that the applicant had failed to comply with a request for information and documents made on 8 September 2020. This request invited the applicant to attend a hearing and to provide all documents they intended to rely on to establish they met the visa criteria, including evidence of financial capacity. The applicant did not provide a submission or the requested documents, such as a current Confirmation of Enrolment, evidence of past studies, or documentation demonstrating genuine access to sufficient funds. Consequently, the Tribunal concluded that the applicant had not satisfied the genuine access to funds criterion under clause 500.214.

As the applicant did not meet the primary criteria for the grant of a Subclass 500 (Student) visa, and did not claim to meet the criteria for any other visa class, the Tribunal affirmed the decision under review. The Tribunal therefore decided not to grant the applicant a Student (Temporary) (Class TU) visa.