Leon Zarate (Migration)

This matter concerned an application for review before the Tribunal of a decision by the Minister to refuse to grant the applicant a Subclass 500 (Student) visa. The applicant sought to demonstrate financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Migration Regulations 1994, as further detailed in LIN 19/198.

The primary legal issue before the Tribunal was whether the applicant had provided adequate evidence of genuine access to funds (GAF) at the time of the decision, as required by LIN 19/198. This involved determining if the applicant had satisfied the evidentiary requirements for financial capacity, including providing a Confirmation of Enrolment (COE) or equivalent proof of enrolment, and demonstrating sufficient funds to cover tuition fees, living costs, and travel expenses for the intended period of stay in Australia.

The Tribunal reasoned that a COE or similar document is critical as it provides essential details about the applicant's enrolment, including course commencement and conclusion dates, tuition costs, and amounts already paid, which are integral to assessing financial capacity. The Tribunal noted that the review was a de novo hearing, requiring the applicant to satisfy the legislative requirements at the time of the Tribunal's decision. Despite being invited to provide all relevant documents, including a current COE and evidence of financial capacity, the applicant failed to do so. Consequently, the Tribunal found that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.