Bachi (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by an Indian national. The applicant's visa application had been refused by the Department of Home Affairs on the grounds that they had failed to provide sufficient evidence of genuine access to funds, as required by clause 500.214 of Schedule 2 to the Migration Regulations 1994. The applicant contended that they were unaware of the Department's requests for financial information until after the refusal, attributing this to their agent's failure to relay the requests.

The Tribunal was required to determine whether the applicant had satisfied the financial capacity requirements under clause 500.214 of the Regulations. Specifically, the Tribunal had to assess whether the applicant had demonstrated that sufficient funds would be available to meet their costs and expenses during their intended stay in Australia, and that they would have genuine access to those funds. The applicant sought to study a Graduate Diploma of Management, with a total tuition fee of $14,000, of which $1,400 had been prepaid.

The Tribunal found that the applicant had subsequently provided term deposits from ICICI Bank and updated affidavits from his parents, which constituted adequate evidence of genuine access to funds. Consequently, the Tribunal concluded that the applicant met the financial requirements under clause 500.214. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied this particular criterion.