Thazhathillath Valsarajan (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by the applicant to the Minister. The delegate of the Minister refused to grant the visa, and the applicant sought review of that decision before the Tribunal. The Tribunal was required to determine whether the applicant had provided adequate evidence of genuine access to funds and current enrolment in a course of study, as required by the Migration Regulations 1994.

The Tribunal considered the requirements of clause 500.214(3) of Schedule 2 to the Migration Regulations and the legislative instrument LIN 19/198, which specifies the form and content of evidence of financial capacity. The Tribunal noted that the applicant had been provided with adequate written notice of the need to supply a copy of their current Confirmation of Enrolment or other documents demonstrating current enrolment, as well as documents evidencing genuine access to sufficient funds to meet their costs and expenses during their intended stay in Australia. The Tribunal found that the applicant had failed to provide adequate evidence of genuine access to funds and current enrolment.

Given these findings, the Tribunal concluded that the applicant did not meet the criteria for the grant of a subclass 500 (Student) visa. The applicant did not claim to meet the criteria for a subclass 590 (Student Guardian) visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant the visa.