Thapa (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant Mr Thapa a Student (Temporary) (Class TU) visa, Subclass 570. The applicant sought to study General English at Global English College in Australia. The primary issues before the Tribunal were whether the applicant was a "genuine applicant for entry and stay as a student" and whether he met the financial capacity requirements prescribed by Schedule 5A of the Migration Regulations 1994. The applicant, a citizen of Nepal, was subject to assessment level 3, the highest assessment level.

The Tribunal was required to determine if the applicant had demonstrated access to sufficient funds from an acceptable source to cover his course fees, living costs, and travel for the first 12 months of his proposed stay, as well as for the remainder of his stay. The applicant's father provided a Certificate of Account Balance and a Support Statement, indicating funds held in the father's name with Nabil Bank. However, the evidence showed these funds were deposited only three months prior to the visa application date, which did not satisfy the requirement that funds be held for a minimum of three months before the application.

The Tribunal found that the applicant had not met the financial capacity requirements. Despite being given an opportunity to provide further submissions or documents, none were received. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa, concluding that the applicant had not satisfied the criteria for a genuine student with adequate financial means.