1726921 (Migration)

The Administrative Appeals Tribunal considered the case of an Indian national seeking a Subclass 500 (Student) visa. The applicant had previously studied in Australia on a different student visa and had applied for a Subclass 500 visa in August 2017. The delegate refused this application, finding that the applicant had failed to provide evidence of financial capacity as required by subclause 500.214(3) of the Regulations. The applicant subsequently enrolled in a Graduate Certificate in Management, which commenced in March 2020, and sought review of the delegate's decision.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically focusing on three key issues: whether the applicant was enrolled in a registered course of study, whether the applicant was a genuine temporary entrant, and whether the applicant had genuine access to sufficient funds to cover their study and living expenses in Australia. The applicant contended that the failure to provide financial documentation for the initial application was due to the negligence of her former migration consultant.

In its reasoning, the Tribunal found that the applicant had satisfied the criterion of being enrolled in a registered course of study, as evidenced by her enrolment in the Graduate Certificate in Management. However, the Tribunal determined that the applicant had not demonstrated genuine access to funds, a requirement for the visa. Furthermore, the Tribunal concluded that the applicant had not established that she was a genuine temporary entrant, considering factors such as her previous study in Australia, the fact that she had enrolled in a course similar to one already completed in India, and her stated intention to remain in Australia.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a Subclass 500 (Student) visa, finding that the applicant had failed to meet the necessary criteria for the visa.