Sarbjeet Kaur (Migration)

This matter concerned an application for review before the Tribunal by Sarbjeet Kaur, the applicant, of a delegate's decision to refuse to grant her a Subclass 500 (Student) visa. The core of the dispute revolved around whether the applicant had provided sufficient evidence of financial capacity as required by clause 500.214(3) of Schedule 2 to the Migration Regulations 1994, read in conjunction with the legislative instrument LIN 19/198.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the grant of a Subclass 500 (Student) visa, specifically concerning the provision of evidence of genuine access to sufficient funds to meet her costs and expenses during her intended stay in Australia. This involved assessing whether the documentation provided by the applicant met the requirements of LIN 19/198, which outlines the forms of evidence acceptable for demonstrating financial capacity, including details on course fees, living costs, and travel expenses.

The Tribunal approached the review as a de novo hearing, meaning it was required to make its own findings of fact and law as at the time of its decision. It noted that the applicant must satisfy the financial capacity requirements at the time of the Tribunal's decision. The Tribunal invited the applicant to provide all documents intended to establish that she met the visa criteria, including a current Confirmation of Enrolment and documents demonstrating genuine access to sufficient funds. The Tribunal's ultimate finding was that the applicant had met the criteria for the grant of the visa.

Accordingly, the Tribunal remitted the application for a Subclass 500 (Student) visa for reconsideration, with a direction that the applicant meets the criteria specified in clause 500.214 and clause 500.311 of Schedule 2 to the Migration Regulations.