Bhatia (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought to review a decision that affirmed the refusal of her visa application. The core of the dispute revolved around whether the applicant had provided sufficient evidence of financial capacity to meet the requirements for the visa.

The Tribunal was required to determine if the applicant had satisfied the financial capacity requirements as stipulated by clause 500.214(3) of Schedule 2 to the Regulations, read in conjunction with the instrument LIN 19/198. Specifically, the Tribunal had to assess whether the applicant had demonstrated genuine access to sufficient funds to cover her annual living costs, travel expenses, and course fees, after accounting for any amounts already paid.

The Tribunal found that the applicant had not provided adequate evidence to satisfy the financial capacity criteria. While the applicant proposed to study for more than 12 months, requiring AUD21,041 for living costs, AUD1,800 for travel expenses, and AUD8,250 for course fees (after deducting AUD1,350 already paid), the Tribunal noted a lack of documentary evidence, such as proof of property ownership by her parents, which she claimed to have provided. The Tribunal also noted inconsistencies in the figures provided for pre-paid course fees. Consequently, the Tribunal concluded that the applicant had failed to meet the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.