Photikhun (Migration)

The Federal Court of Australia, in the matter of *Photikhun*, considered an application for review of a decision concerning a subclass 500 (Student) visa. The applicant, Ms. Photikhun, sought to challenge the delegate's refusal of her visa application.

The central legal issue before the Court was whether the delegate had erred in assessing Ms. Photikhun's genuine access to sufficient funds to cover her study and living expenses in Australia, as required by the *Migration Regulations 1994* (Cth). Specifically, the Court had to determine if the evidence of financial capacity provided by the applicant had been adequately considered and assessed in accordance with the relevant regulatory provisions.

Justice Meredith Jackson found that the delegate's assessment of the applicant's financial capacity was flawed. The delegate had failed to properly consider the evidence of financial capacity provided, including evidence of funds on a pro rata equivalent basis. This failure meant that the delegate had not properly applied the relevant legislative criteria for assessing genuine access to funds. Consequently, the Court determined that the decision under review could not stand and remitted the matter to the Department of Home Affairs for redetermination.