Vankadara (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant was required to provide evidence of financial capacity in accordance with clause 500.214(3) of the Regulations, as stipulated by the Minister. The Administrative Appeals Tribunal, constituted by Stephen Witts, was tasked with determining whether the applicant had satisfied this requirement.

The central legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity as mandated by cl.500.214(3) and further detailed in the financial capacity instrument, LIN 19/198. The Tribunal was required to assess the material before it to ascertain if the applicant had met the specified evidentiary requirements for their financial capacity to cover travel expenses, living costs, and course fees for their intended stay and study in Australia.

The Tribunal's reasoning was based on the absence of any evidence presented by the applicant regarding their financial capacity. It noted that LIN 19/198 outlines the specific forms and documentation required to demonstrate financial capacity, including details on available funds for travel, living expenses, and course fees, as well as provisions for secondary applicants. As no such evidence was provided by the applicant, the Tribunal concluded that it was not satisfied that the applicant met the requirements of cl.500.214. Consequently, the Tribunal affirmed the decision not to grant the applicant the Student visa.