Rajamanickam (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Visitor (Class FA) visa, Subclass 600. The central dispute revolved around whether the applicant had demonstrated adequate means to support himself during his intended stay in Australia, as required by clause 600.212 of the Migration Regulations 1994. The applicant had previously been working in Australia in breach of his current visa conditions, claiming this was to avoid destitution, and indicated a desire to find sponsored employment if granted a visitor visa.

The Tribunal was required to determine if the applicant had satisfied the criterion of having adequate means, or access to adequate means, to support himself while in Australia. This assessment involved considering the applicant's stated intentions, his current activities, and the evidence provided to substantiate his financial capacity. The applicant's previous visa application indicated he had $10,000 in a bank account, but he later stated at the hearing that he did not have a bank account and provided no independent financial documentation to support his claims of self-funding or employment income.

In its reasoning, the Tribunal noted that the applicant's current means of support was his engagement in work, which was in breach of his visa conditions. Despite acknowledging the impact of COVID-19 travel restrictions and the situation in the applicant's home country, the Tribunal found that it could not remit a decision solely on this basis. Applying Departmental policy regarding acceptable evidence of financial means, which includes bank statements, letters from financial institutions, and purchased air tickets, the Tribunal concluded that the applicant had failed to provide any such evidence. Consequently, the Tribunal was not satisfied that the applicant had met the requirements of clause 600.212.

The Tribunal affirmed the decision not to grant the applicant a Visitor (Class FA) visa, Subclass 600, as the applicant had not demonstrated adequate means of support for his intended stay in Australia.