XAVIER DOS SANTOS (Migration)

This matter concerned an appeal by Xavier Dos Santos against a decision of the Tribunal to affirm the refusal of his application for a Visitor (Class FA) visa, subclass 600. The core of the dispute revolved around the applicant's failure to provide evidence of sufficient funds to support his proposed stay in Australia.

The Tribunal was required to determine whether the applicant met the requirements of clause 600.212 of the Migration Regulations 1994, which mandates that a visa applicant must satisfy the decision-maker that they have adequate funds or access to adequate funds to support their stay in Australia. This determination was to be made in light of the applicant's non-appearance at a scheduled hearing and the absence of any evidence of his financial capacity.

The Tribunal reasoned that the applicant had failed to provide the requested evidence of funds, despite being given an opportunity by the Department and subsequently by the Tribunal. His failure to attend the hearing without explanation or request for postponement, coupled with the fact that his proposed period of stay had expired, led the Tribunal to conclude that it could not be satisfied that the applicant met the financial requirements of the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.