Arora (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Subclass 500 (Student) visa. The applicant, Arora, sought review of a decision concerning their eligibility for the visa, specifically relating to the requirement of genuine access to finance.

The primary legal issue before the Tribunal was whether the applicant had demonstrated genuine access to sufficient financial resources to cover their course fees and living expenses, as required by the relevant regulations. The Tribunal was required to determine if the material before it, including new evidence submitted by the applicant, was sufficient to satisfy this criterion.

The Tribunal found that it was able to make a positive finding in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl 500.214 of Schedule 2 to the *Migration Regulations 1994* (Cth).