Syed (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of the delegate's decision to refuse to grant the visa. The primary issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity and confirmation of enrolment as required by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had met the criteria for a Subclass 500 visa, specifically concerning the genuine access to funds (GAF) requirement and the provision of a current Confirmation of Enrolment (COE). The Tribunal had invited the applicant to provide documents to establish that they met the visa criteria, including evidence of financial capacity and a current COE, at least seven days prior to a scheduled hearing.

The Tribunal found that the applicant had been provided with adequate written notice regarding the need to submit a current COE or equivalent document. Furthermore, the delegate had previously found that the applicant had not demonstrated access to sufficient funds to cover travel expenses, living costs, and annual course costs, as stipulated by cl.500.214(3) and the relevant legislative instrument, LIN 19/198. Given the lack of required documentation and the delegate's prior findings, the Tribunal concluded that the applicant had not satisfied the criteria for the grant of the visa.

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