Yapriadi (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by the applicant, Yapriadi. The Minister had required the applicant to provide evidence of genuine access to funds (GAF) in accordance with clause 500.214(3) of the Migration Regulations 1994. The applicant's initial application was refused by the Department, and this decision was subsequently reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity to meet the requirements of clause 500.214(3) of the Regulations, as elaborated by the Financial Capacity Instrument LIN 19/198. This involved assessing whether the applicant had demonstrated genuine access to sufficient funds to cover tuition fees, living costs, and travel expenses for their intended stay in Australia, as well as any accompanying family members.

The Tribunal considered the evidence presented, including a Confirmation of Enrolment (COE) for a Bachelor of Business (Marketing) course. While the Department had previously found the evidence inadequate, the Tribunal, after inviting the applicant to provide further documentation and arguments, was satisfied that the applicant met the financial capacity requirements. The Tribunal reasoned that the applicant had provided sufficient evidence to demonstrate genuine access to the necessary funds.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa, subclass 500, for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under clause 500.214 of Schedule 2 to the Regulations.