MOHAMMED (Migration)

The Administrative Appeals Tribunal considered the application of Mr Mohammed for a Subclass 500 (Student) visa, along with his wife and three children who were included as secondary applicants. The central dispute concerned whether Mr Mohammed had demonstrated genuine access to the funds required to meet the financial obligations associated with his intended stay in Australia, as stipulated by the Migration Regulations.

The Tribunal was required to determine if Mr Mohammed satisfied clause 500.214 of Schedule 2 to the Regulations, which mandates that applicants must provide evidence of financial capacity and satisfy the Tribunal that sufficient funds will be available to meet the costs and expenses of their intended stay in Australia, including those of any accompanying family members. This clause specifies that such evidence must conform to the requirements set out in a relevant instrument, which outlines the specific amounts for living costs, travel expenses, and course fees.

In reaching its decision, the Tribunal noted that Mr Mohammed, a 33-year-old Indian national, had resided in Australia on various visas since 2008 and had completed multiple tertiary qualifications. However, the Tribunal found that the evidence provided regarding his financial capacity was limited and did not sufficiently demonstrate genuine access to the required funds for himself and his family. The Tribunal affirmed the decision to refuse the visa application, and consequently, the applications of the secondary applicants were also refused.