RAJWANT (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review by the Tribunal of a decision that had been made regarding their visa application. The core of the dispute revolved around whether the applicant had demonstrated sufficient financial capacity to meet the requirements of the visa.

The Tribunal was required to determine whether the applicant had satisfied the financial capacity requirements as stipulated by clause 500.214 of Schedule 2 to the Regulations. This involved assessing the evidence of the applicant's financial resources in light of the criteria for the Subclass 500 visa.

The Tribunal considered new evidence, specifically two Commonwealth Bank statements dated 30 July 2019, which showed balances of $7,547.51 and $26,063.06. Being satisfied that this new evidence demonstrated that the financial capacity criterion was met, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the first applicant met the criteria under cl.500.214 of Schedule 2 to the Regulations, and the secondary applicants met the criteria under cl.500.311 of Schedule 2 to the Regulations.