Huang (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for a Subclass 500 (Student) visa. The applicant sought review of the Minister's decision to refuse to grant the visa. The primary issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity to meet the requirements of cl.500.214 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had demonstrated genuine access to sufficient funds for her stay and study in Australia, as mandated by cl.500.214(1), (2), and (3). Specifically, the Tribunal had to assess whether the applicant had provided evidence of a current enrolment and up-to-date financial documentation, and whether the provided bank deposit information from August 2019 was sufficient to demonstrate genuine access to adequate funds for the next 12 months.

The Tribunal found that the applicant had not provided evidence of current enrolment or up-to-date financial access. While some bank deposit material dated August 2019 was submitted, the Tribunal concluded it was insufficient to demonstrate genuine access to sufficient funds for her intended stay and study. Consequently, the Tribunal was not satisfied that the applicant met the requirements of cl.500.214(1), (2), or (3).

As the applicant failed to satisfy the financial capacity criteria, the Tribunal found that the requirements for the grant of a Subclass 500 (Student) visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.