Jerono (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Jerono concerning an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 573 (Higher Education Sector visa). The applicant sought review of a decision relating to their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence to demonstrate genuine access to funds, a key criterion for the visa. The Tribunal was required to assess the adequacy of the financial documentation submitted by the applicant in light of the relevant legislative requirements.

The Tribunal's reasoning focused on new evidence received on 5 January 2018, which comprised bank statements in the applicant's name. These statements showed a balance of $50,389.01, which had been held since at least October 2017. Being satisfied that this new evidence met the criterion for genuine access to funds, the Tribunal concluded that the matter should be remitted for reconsideration.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicants meet the criteria specified in cl.572.223(2) and cl.572.322 of Schedule 2 to the Regulations.