Singh (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the delegate's decision to refuse to grant the visa. The primary issue before the Tribunal was whether the applicant had provided sufficient evidence of genuine access to funds to meet the costs and expenses associated with their intended stay in Australia, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied the financial capacity requirements under clause 500.214(3) of Schedule 2 to the Migration Regulations, as elaborated by legislative instrument LIN 19/198. Specifically, the Tribunal had to consider whether the applicant had provided adequate and current documentation demonstrating their ability to cover course fees, living costs, and travel expenses for themselves and any accompanying family members, or alternatively, evidence of the income of a parent, spouse, or de facto partner and genuine access to those funds.

The Tribunal found that the applicant had failed to provide adequate evidence of genuine access to funds. Despite being provided with a hearing date and clear instructions on the documentation required, including confirmation of enrolment and evidence of financial capacity, the applicant did not attend the hearing and did not submit the necessary documents. The Tribunal noted that the applicant had been adequately notified of the requirements, including the need for current information and translations for non-English documents. Consequently, the Tribunal concluded that the applicant had not met the criteria for the grant of a Subclass 500 visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.