Perez Bustamante (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa, by the applicant. The Minister had refused to grant the visa, and the applicant sought review of that decision before the Tribunal. The primary dispute revolved around the applicant's failure to provide sufficient and current evidence of genuine access to funds (GAF) as required by the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant had provided adequate evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, as elaborated by the legislative instrument LIN 19/198. Specifically, the Tribunal had to determine if the applicant had satisfied the requirements for demonstrating genuine access to sufficient funds to cover course fees, living costs, and travel expenses for themselves and any accompanying family members, as well as providing current proof of enrolment.

The Tribunal found that the applicant had not met the criteria for the grant of the visa. The delegate had previously determined that the applicant failed to provide adequate evidence of GAF. The Tribunal reiterated the requirement for applicants to provide current information to satisfy GAF. On 17 November 2020, the Tribunal had invited the applicant to a hearing and requested specific documents, including a current Confirmation of Enrolment (COE) and documents demonstrating genuine access to sufficient funds, at least seven days prior to the hearing. The Tribunal was of the view that the applicant had been provided with adequate written notice of these requirements.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.