1714807 (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa, specifically relating to the financial capacity requirements.

The central legal issue before the Tribunal was whether the applicant had demonstrated genuine access to sufficient funds to cover the costs and expenses associated with their intended study and stay in Australia, as required by clause 500.214 of Schedule 2 to the Regulations and the instrument IMMI 18/010. This involved assessing the applicant's tuition fees, living costs, and the availability of funds to meet these expenses.

The Tribunal found that the applicant was enrolled in a Bachelor's course with remaining tuition fees and had provided evidence of funds in their Australian bank accounts. Furthermore, an affidavit from the applicant's parents declared their capacity and intention to meet the remaining costs, supported by evidence of their bank deposits. The Tribunal was satisfied that the applicant had demonstrated genuine access to funds sufficient to meet the financial requirements of clause 500.214. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied the financial capacity criteria.