Chhantyal (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision made by the Department of Home Affairs. The Tribunal, constituted by Member Mark Bishop, considered the material before it and determined that a hearing was not necessary to reach its decision, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether the applicant had provided adequate evidence of genuine access to funds and current proof of enrolment, as required for the Subclass 500 visa. Specifically, the Tribunal had to assess the applicant's compliance with clause 500.214 of Schedule 2 to the Migration Regulations 1994 (Cth), which outlines the requirements for financial capacity.

The Tribunal reasoned that the applicant met the criteria for the Subclass 500 visa. It remitted the application for reconsideration with a direction that the applicant satisfies the relevant financial capacity requirements. The Tribunal's decision was based on the material presented, which it found sufficient to establish the applicant's genuine access to funds and current enrolment. The Tribunal's decision was to remit the application for reconsideration.