Perera (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of the Minister's decision to refuse to grant the visa. The primary dispute revolved around whether the applicant had provided sufficient evidence of financial capacity as required by the Migration Regulations 1994.

The court was required to determine whether the applicant had provided evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Migration Regulations, as elaborated by the legislative instrument LIN 19/198. Specifically, the court had to assess if the applicant had furnished current information demonstrating genuine access to sufficient funds to cover course fees, living expenses, and travel costs for the intended period of stay in Australia, as well as for any accompanying family members.

The Tribunal found that the applicant had been provided with adequate written notice regarding the requirement to submit documents demonstrating genuine access to sufficient funds. The Tribunal considered the specific requirements outlined in LIN 19/198, which detail the forms of evidence acceptable for demonstrating financial capacity, including bank deposits, loans, government loans, or scholarships. As the applicant failed to satisfy the Tribunal that they met the financial capacity requirements, the Tribunal affirmed the decision not to grant the visa.