Brar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought by an applicant who had been required to provide evidence of financial capacity. The delegate had refused the visa application on the basis that the applicant had not provided sufficient evidence of genuine access to funds (GAF) to satisfy clause 500.214 of the Migration Regulations 1994. The Administrative Appeals Tribunal (the Tribunal) was required to make a finding on the applicant's financial capacity at the time of its decision.

The legal issue before the Tribunal was whether the applicant had provided sufficient evidence of genuine access to sufficient funds to meet the costs and expenses associated with their intended stay in Australia, as required by clause 500.214(3) of the Regulations and the legislative instrument LIN 19/198. The Tribunal had invited the applicant to provide documents to establish they met the visa criteria, specifically requesting evidence of financial capacity, and had provided detailed requirements for such evidence.

The Tribunal reasoned that the applicant had been provided with adequate written notice of the need to provide documents demonstrating genuine access to sufficient funds. The Tribunal noted that the applicant had provided a statutory declaration stating she married in January 2020, her husband resides in Canada, and she intended to join him there after her studies for three years before returning to India. However, the applicant's husband was not a secondary applicant in the review application. Despite the applicant's stated intentions and circumstances, the Tribunal ultimately remitted the application for reconsideration.

The Tribunal directed that the applicant be found to meet the criteria for a Subclass 500 (Student) visa, specifically clause 500.214 of Schedule 2 to the Regulations.