KADO (Migration)

The Administrative Appeals Tribunal reviewed a decision by the delegate of the Department of Home Affairs to refuse a Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector), to the applicant, a citizen of Bhutan. The delegate's refusal was based on the applicant's failure to provide sufficient financial evidence to demonstrate access to the required funds for his studies and stay in Australia.

The primary legal issue before the Tribunal was whether the applicant was a "genuine applicant for entry and stay as a student," as required by the relevant migration regulations. This involved assessing whether the applicant had access to the necessary financial resources to cover his course fees, living expenses, and return travel, and whether the source of these funds was acceptable under the regulations, particularly given the applicant's assessment level of 2.

The Tribunal considered the applicant's stated intention to work in Bhutan's tourism industry upon completion of his studies and his claims of financial support from his family and part-time employment in Australia. However, the Tribunal found that the applicant had not demonstrated sufficient financial capacity. While the applicant's father had a substantial amount in his Bhutanese bank account, Bhutanese law limited monthly transfers to AUD $2400. The Tribunal calculated the applicant's required funds to be AUD $24,810, encompassing course fees, living expenses, and travel costs. The evidence presented, including bank statements and letters regarding fund transfers, did not satisfy the Tribunal that the applicant had access to the full amount required by clause 5A411 and clause 572.232 of the Migration Regulations.

Consequently, the Tribunal found that the applicant failed to meet an essential requirement of clause 572.223 of the Migration Regulations, which pertains to demonstrating financial capacity. As a result, the Tribunal affirmed the delegate's decision to refuse the visa.