Rattu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant had satisfied the financial capacity requirements for the visa. The Tribunal was tasked with determining if the applicant had provided sufficient evidence of access to funds to meet the specified costs of living, travel, and course fees, as mandated by the relevant regulations.

The Tribunal's reasoning focused on the applicant's failure to provide any evidence of financial capacity to the Department or the Tribunal. Despite multiple attempts by the Tribunal to schedule a hearing and provide reminders via email and SMS, the applicant failed to appear. The applicant's migration agent also indicated an inability to contact the applicant, and ultimately withdrew as representative, though later confirmed the applicant would attend. However, on the day of the hearing, the applicant did not appear, and no formal request for an adjournment was made. The Tribunal applied the criteria set out in Part 500 of Schedule 2 to the Regulations, specifically clause 500.214, which requires primary applicants to demonstrate financial capacity.

Given the applicant's non-appearance at the hearing and the complete absence of any evidence demonstrating financial capacity, the Tribunal concluded that the applicant had not met the essential criteria for the grant of a Subclass 500 (Student) visa. Consequently, the Tribunal affirmed the decision not to grant the visa.