Khan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Khan for a Subclass 500 (Student) visa. The Minister had refused to grant the visa, and Mr Khan sought review of this decision. The core of the dispute concerned whether Mr Khan had provided sufficient evidence of his financial capacity to meet the requirements of the Migration Regulations.

The Tribunal was required to determine whether Mr Khan had satisfied clause 500.214(3) of Schedule 2 to the Migration Regulations, which mandates the provision of evidence of financial capacity. Specifically, the Tribunal had to ascertain if the applicant had demonstrated genuine access to sufficient funds to cover travel expenses, living costs, and course fees, as stipulated by the relevant legislative instrument, IMMI 18/010. A key question was whether a letter of offer from an educational institution, without a Confirmation of Enrolment (COE) or evidence of paid tuition fees, was sufficient to establish genuine access to funds for course fees.

The Tribunal reasoned that while Mr Khan had provided evidence of financial capacity that might ordinarily satisfy the requirements of IMMI 18/010, the absence of a COE and proof of enrolment meant that his course fees could not be calculated. The Tribunal noted that a letter of offer is not equivalent to a COE and that Mr Khan had confirmed he was not currently enrolled in a course of study. Consequently, the Tribunal was not satisfied that Mr Khan met the criteria under clause 500.214(1) and (3) of the Regulations, as genuine access to funds could not be established without a confirmed enrolment and calculable course fees.

As the Tribunal was not satisfied that Mr Khan met the financial capacity requirements for a Subclass 500 (Student) visa, it affirmed the decision not to grant the visa. Mr Khan did not claim to meet the criteria for any other visa class.