Ismail (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision by the Minister's delegate to refuse the visa. The primary issue before the Tribunal was whether the applicant had provided sufficient evidence of genuine access to funds (GAF) as required by clause 500.214(3) of Schedule 2 to the Migration Regulations 1994, read in conjunction with the instrument LIN 19/198.

The Tribunal was required to determine if the applicant had satisfied the financial capacity requirements at the time of the decision. This involved assessing the documentation provided by the applicant, which included an academic transcript, a bank statement showing a balance of $15,349.20, an enrolment statement, a letter of course progression, a Genuine Temporary Entrant (GTE) statement, and proof of a $10,000 AUD payment for a semester. Critically, the applicant had not provided a Confirmation of Enrolment (COE), which is a key document for establishing enrolment details and financial capacity under LIN 19/198.

The Tribunal reasoned that the review was a de novo hearing, requiring the applicant to satisfy the GAF requirements at the time of the Tribunal's decision. While the applicant had provided some evidence of financial capacity, the absence of a COE was a significant deficiency. The Tribunal noted that LIN 19/198 specifies the forms of evidence required, and a COE is essential for demonstrating enrolment details and course costs.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration. The Tribunal directed that the applicant be taken to meet the criteria under clause 500.214 of Schedule 2 to the Regulations, implying that the deficiency in evidence related to the specific form and content of the financial capacity documentation rather than a complete lack of funds.