Nguyen (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant failed to respond to a hearing invitation from the Tribunal and did not attend the scheduled hearing. The delegate had previously found that the applicant had failed to provide adequate evidence of genuine access to funds, as required by clause 500.214(3) of the Migration Regulations 1994 and legislative instrument LIN 19/198.

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, and whether the applicant had met the requirements for a Subclass 500 visa, particularly in light of their failure to provide requested documentation and attend a hearing. The Tribunal was required to consider the specific requirements for demonstrating genuine access to funds as outlined in LIN 19/198, which included providing current information regarding course fees, living costs, and travel expenses.

The Tribunal reasoned that the applicant had been provided with adequate written notice of the hearing and the documents required to establish their eligibility for the visa, including confirmation of enrolment and evidence of financial capacity. The applicant's failure to provide these documents or attend the hearing meant that they had not satisfied the criteria for the grant of the visa. The Tribunal noted that the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

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