Kaur Brar (Migration)

The Administrative Appeals Tribunal considered an application by Kaur Brar for a Student (Temporary) (Class TU) visa, subclass 590 (Guardian). The dispute arose because the applicant initially failed to provide the Department with sufficient evidence of adequate financial capacity to meet the visa requirements.

The primary legal issue before the Tribunal was whether the applicant had demonstrated adequate financial capacity for the subclass 590 visa. This involved assessing the evidence provided by the applicant, particularly in light of new documentation submitted directly to the Tribunal.

The Tribunal found that the applicant had subsequently provided documentation to the Tribunal that evidenced she now possessed adequate financial capacity. Applying the relevant criteria, the Tribunal was satisfied that this criterion was met. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.590.216 of Schedule 2 to the Regulations.