Gomes (Migration)

This matter concerned an appeal by an applicant for a Student (Temporary) (Class TU) visa, subclass 500, against the decision of the Administrative Appeals Tribunal (the Tribunal) to affirm the refusal of their visa application. The core of the dispute revolved around the applicant's alleged failure to provide sufficient evidence of financial capacity to meet the requirements for the visa.

The Tribunal was required to determine whether the applicant had provided evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Migration Regulations 1994, as elaborated by IMMI 18/010. Specifically, the Tribunal had to assess whether the applicant had demonstrated sufficient funds to cover their living costs and expenses in Australia, and whether they had genuine access to those funds.

In its reasoning, the Tribunal noted that during a discussion with the applicant, it was stated that no evidence had been provided to demonstrate genuine access to sufficient funds for the applicant's stay and study in Australia. The applicant further indicated they were working but could not provide evidence of access to funds, nor were they enrolled in a course at the time. Based on this lack of evidence, the Tribunal was not satisfied that the applicant met the requirements of clauses 500.214(1), (2), and (3). Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. The Tribunal affirmed the decision not to grant the applicant the visa.