Kour (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to undertake a Diploma and Advanced Diploma of Leadership and Management in Australia. The Tribunal, constituted by Penelope Hunter, was required to determine whether the applicant met the financial capacity requirements stipulated by clause 500.214 of Schedule 2 to the Regulations.

The core legal issue before the Tribunal was whether the applicant had provided adequate evidence of genuine access to sufficient funds to cover their living expenses, course fees, and travel costs during their intended stay in Australia, as well as those of any accompanying family members. Clause 500.214(2) of the Regulations mandates that the Tribunal must be satisfied not only that sufficient funds are available but also that the applicant has genuine access to those funds.

The Tribunal reasoned that while the initial application lacked sufficient financial evidence, the applicant had subsequently provided substantial documentation to the Tribunal. This included numerous bank letters and statements detailing fixed deposits and account balances in the names of the applicant and her parents, along with supporting affidavits and evidence of parental income. The Tribunal found that this evidence, when considered collectively, satisfied the requirements of clause 500.214.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant be taken to have satisfied the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations. The Minister was then to consider the remaining criteria for the Subclass 500 (Student) visa.