Malhotra (Migration)

This matter concerned an application for review by Mr Malhotra of a decision by a delegate of the Minister of the Department of Home Affairs to refuse his application for a Subclass 573 visa. The application had a complex history, including a previous refusal and a remission back to the Department for reconsideration. On this occasion, the delegate refused the application on the basis that Mr Malhotra had failed to satisfy the financial capacity requirements stipulated in Schedule 5A of the regulations, specifically clause 5A508. The Administrative Appeals Tribunal was asked to review this specific aspect of the delegate's decision.

The primary legal issue before the Tribunal was whether the delegate's finding that Mr Malhotra did not meet the financial capacity requirements was incorrect. The Tribunal was required to determine if Mr Malhotra had provided sufficient evidence to demonstrate that he possessed approximately AUD $24,130, the amount deemed necessary to cover his expenses while studying in Australia, as requested by the Department. The Tribunal's review was confined solely to this question of financial capacity, following a previous remission that had satisfied a different criterion.

The Tribunal noted that the Department had requested documented evidence of Mr Malhotra's financial capacity on 18 December 2018, providing a 28-day timeframe for submission. Although the applicant's migration agent sought an extension, and while the Department did not immediately make a decision, the requested further information was ultimately not provided. Consequently, the delegate, lacking any information regarding Mr Malhotra's financial capacity, concluded that the visa application could not be approved. The Tribunal's task was to assess whether this conclusion was erroneous, requiring Mr Malhotra to demonstrate his financial capacity to the Tribunal's satisfaction.