Kariyawasam (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision by the Minister. The central issue was whether the applicant had demonstrated genuine access to sufficient funds to meet the financial requirements stipulated by clause 500.214 of Schedule 2 to the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if the applicant had satisfied the criteria for genuine access to funds, as mandated by clause 500.214(1) of the Regulations. This involved assessing whether the applicant had provided sufficient evidence of financial capacity to cover their living costs, course fees, and travel expenses during their intended stay in Australia, as well as those of any accompanying family members, in accordance with clause 500.214(2) and any requirements specified by the Minister under clause 500.214(3).

The Tribunal considered a range of documentary evidence provided by the applicant, including bank statements, loan facility details, employment contracts, and financial statements of family members. While acknowledging the volume of evidence, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be taken to meet the criteria under clause 500.214 of Schedule 2 to the Regulations, indicating that further consideration of the remaining visa criteria was necessary.