BRAR (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision by the Department of Home Affairs to refuse the visa. The Administrative Appeals Tribunal (the Tribunal), constituted by Member Lilly Mojsin, affirmed the Department's decision.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for a Subclass 500 (Student) visa, specifically concerning the genuine access to funds requirement under clause 500.214 of Schedule 2 to the Regulations. This clause mandates that applicants must demonstrate they have sufficient funds to meet their costs and expenses during their intended stay in Australia, and that they have genuine access to these funds. The Minister had required the applicant to provide evidence of financial capacity in accordance with IMMI 18/010.

The Tribunal found that the applicant had failed to provide sufficient evidence of financial capacity. While a bank letter from Punjab & Sind Bank dated 16/08/2017 was submitted, the Tribunal gave it no weight as it was not in the applicant's name and no explanation was provided regarding its relevance. The applicant also failed to provide any further documentation to the Tribunal, despite being requested to do so. Consequently, the Tribunal was not satisfied that the applicant met the requirements of clause 500.214(3) or the broader financial capacity requirements of clause 500.214. As a result, the Tribunal affirmed the decision not to grant the visa.