Liaw (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant sought review of the delegate's decision to refuse the visa. The applicant had provided a letter of offer for a lower-level course in a different subject, but there was no confirmation of enrolment. Furthermore, the applicant's passport had expired. The Tribunal was required to determine whether the applicant had provided sufficient evidence of genuine access to funds and met the other criteria for the visa.

The Tribunal considered the requirements for evidence of financial capacity as set out in clause 500.214(3) of the Migration Regulations 1994 and legislative instrument LIN 19/198. The delegate had found that the applicant failed to provide adequate evidence of genuine access to funds. The Tribunal noted that applicants are required to provide current information to satisfy this criterion. The Tribunal had provided the applicant with written notice, inviting them to attend a hearing and requesting specific documents, including a current Confirmation of Enrolment and evidence of financial capacity, at least seven days prior to the hearing.

The Tribunal found that the applicant had not provided a current Confirmation of Enrolment or other documents demonstrating current enrolment in a course of study as required by clause 500.211(a) of Schedule 2 to the Regulations. Given this failure to meet a key criterion for the grant of the visa, the Tribunal concluded that the applicant did not meet the criteria for a Subclass 500 (Student) visa. Accordingly, the Tribunal affirmed the decision not to grant the visa.