Mathew (Migration)

The matter before the Tribunal concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision to refuse the visa. The central issue was whether the applicant met the criteria for genuine access to funds as required by clause 500.214 of Schedule 2 to the Regulations.

The Tribunal was required to determine if the applicant had satisfied the financial requirements of clause 500.214, which includes demonstrating genuine access to sufficient funds to cover living costs, expenses, and course fees for the intended stay in Australia, as well as for any accompanying family members. Specifically, the Tribunal had to consider whether the applicant had provided evidence of financial capacity as required by the Minister, in accordance with clause 500.214(3).

The Tribunal found that the Minister had required the applicant to provide evidence of financial capacity. However, the applicant had not provided such evidence to the delegate, nor had any further evidence been submitted to the Tribunal. Consequently, the Tribunal was not satisfied that the applicant met the requirements of clause 500.214. As this criterion was not met, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa. The Tribunal affirmed the decision not to grant the visa.