KUMAR (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa. The applicant had applied for the visa to undertake study in Australia. The delegate's refusal was based on the applicant failing to satisfy the requirements of clause 500.214 of Schedule 2 to the Migration Regulations 1994. The Administrative Appeals Tribunal heard the matter on two separate dates, affording the applicant an opportunity to provide additional information regarding his financial circumstances.

The primary legal issue before the Tribunal was whether the applicant had demonstrated genuine access to sufficient funds to cover his expenses while studying in Australia, as required by clause 500.214. This clause mandates that applicants must satisfy certain financial capacity requirements. The Tribunal considered evidence presented by the applicant, including academic transcripts and a letter from his educational institution, which indicated his course was expected to conclude in December 2019. However, the applicant's academic progress report showed he had not made progress towards his degree in 2017 and had only completed six out of the required ten units.

The Tribunal's reasoning focused on the applicant's ability to demonstrate genuine access to funds. While the applicant provided evidence of his academic pursuits, including the completion of several prior qualifications and his current enrolment in a Bachelor of Business, the Tribunal also had regard to his academic progress. The Tribunal noted that the applicant had been provided with his PRISMS records and was given an opportunity to comment on them, which he did. The Tribunal's decision affirmed the delegate's refusal.