Gunna (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant failed to provide the Minister with evidence of financial capacity as required by clause 500.214(3) of Schedule 2 to the Regulations, as elaborated by LIN 19/198. The delegate found that the applicant had not provided adequate evidence of Genuine Access to Funds (GAF), noting prior financial difficulties and cancellation of enrolment due to non-payment of fees.

The legal issues before the Tribunal were whether the applicant had met the criteria for the grant of a Subclass 500 (Student) visa, specifically concerning the provision of adequate evidence of financial capacity. The Tribunal was required to assess the evidence provided by the applicant against the requirements of the relevant legislative instrument, LIN 19/198.

The Tribunal reasoned that the evidence provided by the applicant, including a Confirmation of Enrolment (COE) showing partial tuition payment, an affidavit of support from his mother, a loan sanction letter, and a financial calculation, was insufficient and out of date. The COE had expired, and the other documents did not demonstrate current and sufficient financial capacity to meet the costs and expenses associated with studying in Australia. The Tribunal found that the applicant had failed to provide evidence of financial capacity in accordance with the instrument.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, as the applicant did not meet the criteria for the visa.