Pathak v Minister for Immigration

This case concerned an appeal by the applicant, Ms. Pathak, against a decision of the Administrative Appeals Tribunal (the Tribunal) to affirm the Minister for Immigration's refusal to grant her a visa. The dispute centred on whether Ms. Pathak had met the financial capacity requirements stipulated by the relevant regulations for her visa subclass.

The primary legal issue before the Court was whether the Tribunal had erred in law in its assessment of Ms. Pathak's financial capacity. Specifically, the Court had to determine if the Tribunal correctly applied the provisions of Schedule 5A to the Regulations, particularly clause 5A508(2)(b), in evaluating the evidence of funds provided by the applicant. This involved considering whether the funds presented were from an "acceptable source" and had been held for the requisite period prior to the visa application.

The Tribunal's reasoning, as set out in its decision, was that while the applicant's cousin's bank account showed a substantial balance, it could not be satisfied that these funds had been held for at least three months immediately before the visa application date of 1 December 2010, nor that they remained available. Consequently, the Tribunal concluded that the funds did not constitute "funds from an acceptable source" as required by clause 5A508. The Tribunal also noted that the applicant had not studied since April 2012 and that the English language requirements were also relevant. Based on this assessment of the financial capacity, the Tribunal found that Ms. Pathak did not satisfy the requirements of clause 573.223(2)(a)(i) of the Regulations.