Satyanarayan (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by the applicant for a Subclass 500 (Student) visa. The Minister had previously refused to grant the visa, and the applicant sought review of that decision. The core of the dispute concerned the applicant's failure to provide sufficient evidence of financial capacity to meet the requirements of the visa.

The legal issues before the Tribunal were whether the applicant had demonstrated: (1) sufficient funds available to meet the costs and expenses of their stay and study in Australia, as required by cl.500.214(2) of Schedule 2 to the Regulations; and (2) genuine access to those funds, as required by cl.500.214(1). These requirements were further elaborated by IMMI 18/010, which specifies the forms and nature of evidence that must be provided.

The Tribunal noted that the applicant had not presented any evidence of financial capacity, despite being given a considerable period since the initial decision to do so. The applicant explained this absence by citing the ill health of their parents, who were intended to provide the necessary financial documentation, and their own recent illness. However, the Tribunal found that the applicant had not demonstrated any access to sufficient funds, nor had they demonstrated genuine access to such funds. Consequently, the Tribunal was not satisfied that the applicant met the criteria under cl.500.214, and therefore, the criteria for the grant of a Subclass 500 (Student) visa were not met. The Tribunal affirmed the decision not to grant the visa.