Malik (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by a student visa applicant, Malik, who was seeking review of a decision to refuse her Subclass 500 (Student) visa. The Minister had required the applicant to provide evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity to meet the requirements of clause 500.214 of Schedule 2 to the Regulations, specifically concerning her ability to fund her living costs, return travel, and course fees. The Tribunal was also required to determine if the applicant had demonstrated genuine access to these funds.

The Tribunal found that the applicant had provided evidence of her enrolment and payment for two courses of study, a Certificate III and a Certificate IV in Commercial Cookery. She also submitted an affidavit of financial support from her father, along with an account maintenance certificate showing a balance of 4,000,000.00 rupees, which converted to $40,073.60 AUD. The Tribunal calculated the applicant's minimum financial requirement to be $22,290 AUD, comprising $20,290 AUD for living costs and $1,000 AUD for return travel, after accounting for tuition fees already paid. As the applicant had demonstrated access to funds exceeding this amount and had shown genuine access to those funds, the Tribunal was satisfied that she met clause 500.214.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant had met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations.