Cordero (Migration)

The applicant, Cordero, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of a Student (Temporary) (Class TU) visa, subclass 500. The primary reason for the refusal was the applicant's failure to provide sufficient evidence of financial capacity to cover course fees, living expenses, and travel costs associated with their proposed studies in Australia.

The Federal Court was required to determine whether the delegate's decision to refuse the visa was affected by jurisdictional error. Specifically, the court considered whether the delegate had properly assessed the evidence of financial capacity provided by the applicant, and whether the delegate had adequately considered the applicant's submission regarding a pro rata equivalent of financial capacity.

The court found that the delegate had not erred in their assessment. The delegate had considered the evidence of financial capacity presented by the applicant, which included a pro rata equivalent, and had determined that it did not meet the requirements of the *Migration Regulations 1994*. The delegate was entitled to be satisfied that the applicant had the necessary financial capacity, and the evidence provided did not satisfy this requirement. The court affirmed the delegate's decision.