Nguyen (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, where the primary issue was the applicant's genuine access to funds (GAF). The Tribunal was required to determine whether the applicant had satisfied the financial capacity requirements stipulated by clause 500.214 of Schedule 2 to the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant had provided sufficient evidence of financial capacity to meet the costs and expenses associated with their intended stay in Australia, including course fees, living costs, and travel expenses, as well as those of any accompanying family members. This involved assessing whether the applicant had demonstrated genuine access to funds of the kind specified in the relevant legislative instrument, LIN 19/198.

The Tribunal reasoned that the applicant was required to provide current information at the time of the decision to satisfy the GAF criteria. After considering the evidence presented, including documents relating to the financial capacity of the applicant's father, the Tribunal concluded that the applicant had met the requirements of clause 500.214. Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration, directing that the applicants met the specified criteria.