Singh (Migration)

The applicant, Mr. Singh, sought judicial review of a decision made by the Administrative Appeals Tribunal concerning his application for a Subclass 500 (Student) visa. The core of the dispute revolved around whether Mr. Singh could demonstrate genuine access to sufficient funds to cover his living and study expenses, as required by migration regulations.

The Administrative Appeals Tribunal was required to determine if the documentation provided by Mr. Singh sufficiently evidenced his genuine access to funds and a valid Confirmation of Enrolment for his chosen course of study. Specifically, the Tribunal needed to assess compliance with clause 500.214 of Schedule 2 to the Migration Regulations.

The Tribunal, having received updated documentation from the applicant, found that he now possessed genuine access to funds and held a current Confirmation of Enrolment for a Bachelor of Information Systems, with an expected completion date of 31 July 2019. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the relevant criteria for the Subclass 500 visa.