Kanj Hawchar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought by Kanj Hawchar against the Minister. The core of the dispute revolved around whether the applicant had provided adequate evidence of genuine access to funds, as required by clause 500.214(3) of the Migration Regulations 1994. The decision was made by Mark Bishop, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had satisfied the financial capacity requirements for the visa, specifically in accordance with clause 500.214(3) and the legislative instrument LIN 19/198. The Tribunal was required to determine if the applicant had provided current information demonstrating genuine access to sufficient funds to cover course fees, living costs, and travel expenses for their intended stay in Australia, or alternatively, evidence of the annual income of their parents or spouse and genuine access to those funds.

The Tribunal reasoned that the applicant had been provided with adequate written notice by the Tribunal, inviting them to attend a hearing and requesting specific documents to establish their eligibility. This included a current Confirmation of Enrolment and documents demonstrating genuine access to sufficient funds. The Tribunal was satisfied that the applicant had met the requirements of clause 500.214. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the financial capacity criteria for the Subclass 500 (Student) visa.