Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, Ms Kaur, sought review of a decision to refuse her visa application, which was based on a failure to satisfy the financial capacity requirements.

The primary legal issue before the Tribunal was whether the applicant had demonstrated genuine access to sufficient funds to cover her living and tuition costs, as required by the *Migration Regulations 1994* (Cth). The Tribunal was required to assess the evidence presented by the applicant in support of her financial capacity.

The Tribunal found that upon review of new evidence, specifically a Confirmation of Enrolment (COE) provided during the review process, the applicant had satisfied the financial capacity criterion. Consequently, the Tribunal remitted the application for reconsideration, directing that the first named applicant met the criteria under cl.500.214 of Schedule 2 to the Regulations, and the second and third named applicants met the criteria under cl.500.311 of Schedule 2 to the Regulations.