Phan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Ms. Phan. The Minister had required Ms. Phan to provide evidence of financial capacity in accordance with clause 500.214(3) of the relevant regulations. The central dispute revolved around whether Ms. Phan had provided sufficient evidence of her enrolment status and, consequently, whether the Tribunal could assess her genuine access to funds.

The legal issues before the Tribunal were whether Ms. Phan had demonstrated a current enrolment in a course of study in Australia and whether she had provided sufficient evidence of her financial capacity to meet the costs and expenses associated with holding the visa. The Tribunal was required to determine if the documentation provided by Ms. Phan met the requirements of clause 500.214(3) and the associated financial capacity instrument, IMMI 18/010.

The Tribunal noted that Ms. Phan's previous Master of Accounting course had concluded on 20 October 2018. While an Offer of Admission for a Graduate Certificate in Business Administration and proof of tuition fee payment were provided, the Tribunal initially considered this insufficient as it did not constitute a Certificate of Enrolment. However, after being granted a short extension, Ms. Phan provided a Certificate of Enrolment for the Graduate Certificate in Business Administration, commencing 7 November 2018. The Tribunal was then satisfied that Ms. Phan was enrolled and could proceed to assess her genuine access to funds, finding that she met the requirements of clause 500.214(3).

Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms. Phan meets the criteria for a Subclass 500 (Student) visa, specifically clause 500.214 of Schedule 2 to the Regulations.