Rajeev Kumar (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant, Rajeev Kumar, sought review of the decision to refuse to grant the visa. The Tribunal considered the applicant's claims and the evidence provided, including a Confirmation of Enrolment (COE) which expired prior to the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for a Subclass 500 (Student) visa, specifically concerning genuine access to funds (GAF) as required by clause 500.214 of Schedule 2 to the Regulations and the associated Financial Capacity Instrument (LIN 19/198). The Tribunal also considered whether to grant an adjournment to allow for the provision of further medical evidence, which was declined.

The Tribunal reasoned that the applicant had failed to provide adequate and current evidence of GAF. The expired COE was given no weight as it did not provide sufficient detail regarding course particulars, tuition costs, or amounts paid, which are elements of financial capacity. Despite invitations from the Tribunal to provide further documentation and attend a hearing, the applicant did not submit adequate evidence to satisfy the GAF requirements. Consequently, the Tribunal found that the applicant did not meet the criteria for the visa.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.