Awasthi (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to refuse the applicant a Subclass 500 (Student) visa. The applicant sought the visa to undertake study in Australia. The delegate's refusal was based on the applicant failing to satisfy clause 500.214 of the Migration Regulations 1994, specifically regarding the provision of sufficient evidence of financial capacity to cover travel expenses, living costs, and course fees during their intended stay.

The primary legal issue before the Tribunal was whether the applicant had demonstrated genuine access to sufficient funds to meet the financial requirements stipulated by clause 500.214 and the associated legislative instrument, LIN 19/198. This included the costs for both a current course of study and a proposed future course, as well as living expenses and the cost of a return trip to the applicant's home country. The Tribunal also considered whether the applicant's parents' affidavit constituted adequate evidence of financial support.

The Tribunal noted that the applicant intended to remain in Australia for over 12 months to complete two courses of study. Clause 500.214 required evidence of genuine access to $21,041 for living costs and $14,000 for outstanding tuition fees, totalling $35,041. While the applicant provided an affidavit from their parents stating they had sufficient funds to support the applicant, the affidavit lacked specific details regarding the parents' financial resources, annual income, or expenses, and did not include supporting documentation such as bank statements. Consequently, the Tribunal was not satisfied that the applicant had provided sufficient evidence of genuine access to the required funds.

The Tribunal concluded that the matter should be remitted for reconsideration. This decision was made because the applicant had not adequately demonstrated genuine access to the necessary funds to meet the financial requirements for the Subclass 500 visa.