Nagpal (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant failed to provide evidence of financial capacity as required by the Minister. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant had met the criteria for the grant of the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied subclause 500.214(3) of Schedule 2 to the Regulations, which mandates the provision of evidence of financial capacity in accordance with the instrument LIN 19/198. The Tribunal considered the applicant's visa application, which indicated that financial capacity documents would be provided after lodgement. However, no such evidence was ever submitted to the Department or the Tribunal.

The Tribunal reasoned that as no evidence of financial capacity had been provided, it could not be satisfied that the applicant met the requirements of subclause 500.214(3). Consequently, the Tribunal was not satisfied that the applicant met the overall criteria for a Subclass 500 (Student) visa. The Tribunal affirmed the decision not to grant the applicant the visa.