Mosquera (Migration)

This matter concerned an application for review by Ms Mosquera of a decision to refuse her Student (Temporary) (Class TU) visa (subclass 500). Ms Mosquera had applied for the visa on 16 June 2017, intending to undertake an Advanced Diploma of Leadership and Management. Her application was initially refused by the delegate on 27 July 2017, on the grounds that she had failed to provide satisfactory evidence of access to funds to meet the financial capacity requirements as stipulated by clause 500.214 of the Regulations. The Administrative Appeals Tribunal was tasked with conducting a fresh review of her application and making a new decision.

The primary legal issue before the Tribunal was whether Ms Mosquera had satisfied the financial capacity requirements for the grant of a Student visa. This involved determining whether the evidence provided by Ms Mosquera, particularly in relation to financial support from a third party, was satisfactory. The Tribunal was also required to consider whether Ms Mosquera had provided sufficient evidence of her relationship with the individual offering financial support, as this was a crucial element in assessing the genuineness and sufficiency of the financial capacity evidence.

The Tribunal found that while Ms Mosquera had provided some documentation relating to Relfa Babic, including identification and evidence of her membership and employment with a credit union, she had failed to provide satisfactory evidence of the relationship between herself and Ms Babic. Although Ms Mosquera claimed to have this evidence on her phone, she was unable to locate and present it to the Tribunal during the hearing. Consequently, the Tribunal concluded that there was no evidence before it establishing the nature of the relationship between Ms Mosquera and Ms Babic, which rendered the financial support offered by Ms Babic insufficient to satisfy the visa requirements. The Tribunal affirmed the delegate's decision.