Taboon (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), brought before the Tribunal. The applicant sought review of a decision that had refused to grant the visa, with the central dispute revolving around the applicant's genuine access to funds (GAF) as required by the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had satisfied the criteria for a Subclass 500 visa, specifically clause 500.214, which mandates that applicants demonstrate genuine access to sufficient funds to cover their costs and expenses, as well as those of any family members accompanying them to Australia, during their intended stay. This included evidence of financial capacity as stipulated by a relevant legislative instrument, LIN 19/198.

The Tribunal reasoned that it was required to make a finding at the time of its decision, meaning current information was necessary to satisfy the GAF requirement. Following an invitation to provide further documentation, including a current Confirmation of Enrolment and evidence of financial capacity, the Tribunal concluded that the applicant had met the requirements of clause 500.214.

Accordingly, the Tribunal remitted the application for reconsideration, directing that the applicant be taken to have satisfied the criterion under clause 500.214 of Schedule 2 to the Regulations.