Khan (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa by Mr Khan. The dispute concerned whether Mr Khan had provided sufficient evidence of genuine access to funds to cover his stay and study in Australia, as required by the relevant migration regulations.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the financial capacity requirements for the grant of a Subclass 500 visa, specifically in relation to criterion cl.500.214 of Schedule 2 to the Regulations. This involved assessing the adequacy and genuineness of the financial documentation provided by Mr Khan.

The Tribunal's reasoning was influenced by new evidence submitted by the applicant. Having reviewed this additional material, the Tribunal was satisfied that the criterion regarding financial capacity 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 specified criteria for a Subclass 500 visa.