Jepkemoi (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), by a 24-year-old Kenyan national. The applicant sought to study a Bachelor of Nursing at Charles Darwin University, a course with an approximate tuition fee of $32,000 over 3.5 years. The decision under review was made by the Tribunal, presided over by Member Michael Biviano.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity to meet the requirements of the relevant instrument, specifically clause 500.214(3) of Schedule 2 to the Regulations, as elaborated by LIN 19/198. This required the applicant to demonstrate access to sufficient funds for tuition fees, living expenses, and travel, and to provide documentary evidence to support these claims.

The Tribunal found that the applicant had failed to provide adequate evidence of financial capacity. Crucially, the applicant did not submit a Confirmation of Enrolment (COE) certificate, which serves as proof of enrolment and provides essential details regarding course commencement and conclusion dates, name of student, course name, education provider, and importantly, course costs. Without this, the Tribunal could not assess the annual course fees. While the applicant provided uncorroborated estimates for tuition fees, living expenses, and travel, the lack of documentary evidence meant the Tribunal was unable to properly assess his financial capacity in accordance with the instrument.

Consequently, the Tribunal determined that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for any other visa class, the Tribunal affirmed the decision not to grant the visa.