Poreddy (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for a Subclass 500 (Student) visa. The applicant sought to demonstrate financial capacity through an affidavit of support from his father, but failed to provide sufficient documentary evidence of funds. The Tribunal was required to determine whether the applicant had provided adequate evidence of financial capacity in accordance with the relevant legislative instrument, LIN 19/198, and whether an adjournment to obtain further documentation should have been granted.

The Tribunal reasoned that the applicant needed to demonstrate a total of AU$29,291 for tuition, living costs, and travel. While an affidavit of support from the applicant's father was provided, there was no accompanying evidence such as bank statements or other financial institution material to substantiate the claimed financial capacity. The Tribunal noted that a request for an adjournment, citing difficulties in obtaining financial information due to COVID-19 lockdowns in India, was refused. Applying the principles from *MIAC v Li* (2013) 249 CLR 332, the Tribunal found that the applicant had not provided sufficient material to explain the impact of the lockdown on his ability to produce the required financial evidence, nor had he made any submissions on the matter.

Consequently, the Tribunal concluded that the applicant had not met the criteria for the grant of a Subclass 500 visa. The decision under review, which affirmed the refusal of the visa, was therefore upheld.