Maharjan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Maharjan for a Subclass 500 (Student) visa. The core of the dispute concerned whether Mr. Maharjan had demonstrated genuine access to sufficient funds to meet the financial capacity requirements for the visa. The AAT was tasked with reviewing the decision regarding this application.

The primary legal issue before the Tribunal was whether the applicant had satisfied the genuine access to funds requirement as stipulated by the relevant migration regulations. This involved assessing the evidence provided, including Australian bank statements and a letter of financial support, to determine if it sufficiently demonstrated the applicant's financial capacity to meet the visa criteria.

The Tribunal found that it was able to determine the matter in favour of the applicant without the need for a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under clause 500.214 of Schedule 2 to the Migration Regulations 1994 (Cth).