Limbu (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant was required by the Minister to provide evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Migration Regulations 1994. The delegate found that the applicant had failed to provide adequate evidence of genuine access to funds (GAF). The applicant sought review of this decision before the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had provided sufficient evidence of current enrolment in a course of study and whether they had demonstrated genuine access to sufficient funds to meet their costs and expenses, as well as those of any family members, during their intended stay in Australia. The Tribunal was required to consider the requirements set out in the legislative instrument LIN 19/198, which specifies the forms of evidence acceptable for demonstrating financial capacity.

The Tribunal noted that the applicant had been provided with adequate written notice inviting them to provide documents to establish they met the visa criteria, including a current Confirmation of Enrolment (COE) or equivalent, and evidence of financial capacity. The Tribunal found that the applicant had not provided a current COE or other documents demonstrating current enrolment. Furthermore, the Tribunal concluded that the applicant had failed to provide adequate evidence of genuine access to sufficient funds as required by the regulations and the relevant legislative instrument.

Accordingly, the Tribunal found that the applicant did not meet 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.