Weerakoon (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of the Minister's decision to affirm the refusal of their visa application. The primary dispute revolved around the applicant's failure to provide sufficient evidence of financial capacity as required by the relevant legislative instrument.

The court was required to determine whether the applicant had provided evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, as elaborated by LIN 19/198. Specifically, the court had to consider whether the applicant had demonstrated sufficient funds to meet the costs and expenses associated with their stay in Australia and whether they would have genuine access to those funds.

The applicant contended that a "curfew situation" in their home country prevented them from obtaining the necessary financial documents from banks. However, the Tribunal found this explanation lacked credibility, noting the absence of evidence detailing the impact of any lockdown on the banking sector or the applicant's ability to communicate electronically with financial institutions. The Tribunal concluded that the applicant had not satisfied the requirements of clause 500.214(3) and, consequently, the criteria for the visa grant were not met.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.