Nguyen (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, Ms. Nguyen, sought review of a delegate's decision to refuse her visa application. The core of the dispute concerned whether Ms. Nguyen had provided sufficient evidence of genuine access to sufficient funds as required by the relevant visa criteria.

The Tribunal was required to determine whether the applicant had satisfied the criterion relating to genuine access to sufficient funds for the Subclass 500 visa. This involved assessing the evidence presented by Ms. Nguyen in support of her financial capacity.

The Tribunal's reasoning focused on new evidence that had been provided to it, which had not been before the original decision-maker. In light of this new evidence, the Tribunal was satisfied that the criterion regarding access to funds was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be taken to meet the criterion specified in cl.500.214 of Schedule 2 to the Regulations.