Illa (Migration)

This matter concerned an application for review by Madhuri Illa of a decision by the delegate of the Minister for Home Affairs to refuse her a Student (Temporary) (Class TU) (subclass 500) visa. The applicant had applied for the visa to undertake study in Australia. The delegate’s refusal was based on the applicant failing to satisfy clause 500.214 of Schedule 2 to the Migration Regulations, specifically concerning genuine access to funds for her study.

The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant was a genuine applicant for entry and stay as a student. While the initial refusal focused on financial capacity, the determinative issue before the Tribunal shifted to the applicant's compliance with visa conditions, particularly regarding enrolment in a course of study. The Tribunal also considered whether the applicant had genuine access to funds.

The Tribunal noted that the applicant had not provided evidence of accessible funds for her study, nor had she provided such information since the delegate's decision. Crucially, the Tribunal found that the applicant had not enrolled in any particular course or received an offer of enrolment. Although the applicant had previously been enrolled in a commercial cookery course for a number of months in 2017, she was unable to continue due to claimed relationship difficulties, violence, and financial hardship. The Tribunal did not express concerns about the credibility of this evidence but highlighted the absence of current enrolment.

The Tribunal affirmed the delegate's decision to refuse the visa.