Ehtisham (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), brought before the Tribunal by the applicant, Ehtisham. The core dispute revolved around whether the applicant had provided sufficient evidence of genuine access to funds to meet the financial capacity requirements stipulated by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied the criteria under cl.500.214 of Schedule 2 to the Regulations, specifically concerning the provision of adequate evidence of financial capacity. This involved assessing whether the documentation provided by the applicant demonstrated genuine access to sufficient funds to cover course fees, living expenses, and travel costs for the intended period of stay in Australia, as well as for any accompanying family members, in accordance with the legislative instrument LIN 19/198.

The Tribunal reasoned that the applicant had been provided with adequate written notice regarding the need to submit documents demonstrating genuine access to sufficient funds. The applicant had complied with the Tribunal's request for documentation and written arguments, submitting supporting evidence on 8 September 2020. Having considered the evidence provided by the applicant in response to the Tribunal's request, the Tribunal was satisfied that the applicant met the requirements of cl.500.214.

Accordingly, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.500.214 of Schedule 2 to the Regulations.