Sidhu (Migration)

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

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity to meet the requirements for the grant of a subclass 500 visa. This involved determining whether the applicant had demonstrated genuine access to sufficient funds to cover course fees, living costs, and travel expenses for themselves and any accompanying family members, as stipulated by the relevant legislative instrument, LIN 19/198. The Tribunal also considered whether the applicant had provided a current Confirmation of Enrolment (COE) or equivalent documentation demonstrating current enrolment in a course of study.

The Tribunal reasoned that the applicant was required to provide current information to satisfy the GAF requirement. It noted that on 12 October 2020, the Tribunal had written to the applicant inviting them to a hearing and requesting specific documents, including a current COE and evidence of financial capacity. The Tribunal found that the applicant had been provided with adequate written notice of the need to provide a current COE. Given the applicant's failure to meet the criteria for a subclass 500 visa, and noting that the applicant did not claim to meet the criteria for a subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision under review.