Unsab (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Unsab, who sought review of a decision to refuse a Student (Temporary) (Class TU) visa, subclass 500. The applicant had applied for the visa, but the delegate of the Minister refused it on the grounds that the applicant had not demonstrated that they had access to sufficient funds to cover their living costs and tuition fees for the duration of their intended stay, and that there was no evidence of current enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of the *Migration Regulations 1994* (Cth) concerning financial capacity and genuine temporary entrant status, particularly in light of the lack of evidence of current enrolment. The Tribunal was required to assess whether the applicant had provided sufficient evidence to demonstrate that they had access to the necessary funds and that their intention in seeking the visa was genuinely temporary.

In its reasoning, the Tribunal noted that the applicant had provided bank statements which, on their face, indicated a substantial balance. However, the Tribunal found that these statements did not adequately demonstrate the applicant's *access* to those funds for the purpose of meeting the visa requirements. Furthermore, the absence of evidence of current enrolment in a registered course of study was a significant impediment, as it undermined the applicant's stated purpose for seeking the visa. The Tribunal applied the principles that the onus is on the applicant to satisfy the decision-maker that the visa criteria are met, and that vague or insufficient evidence will not suffice.

The Tribunal affirmed the delegate's decision to refuse the visa.