Adeyemi (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by Mr Adeyemi and his family. The applicant sought review of a decision made by the Minister, which had required the applicant to provide evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had provided sufficient evidence of financial capacity to meet the requirements of the visa subclass.

The primary legal issue before the Tribunal was whether the applicant had demonstrated access to sufficient funds to cover the living costs, travel expenses, and course fees for himself and his family, as stipulated by the relevant legislative instrument, IMMI 18/010. This involved assessing the evidence provided by the applicant, including bank statements and a statutory declaration from his uncle, against the financial thresholds prescribed for the visa subclass.

The Tribunal found that the applicant had provided satisfactory evidence of financial capacity. The applicant demonstrated that he was on track to complete his Bachelor of Nursing course, had paid his tuition fees, and did not intend to travel home before completion. Crucially, the applicant provided a bank statement showing a joint savings account balance of $9,010, which exceeded the required amount of $3,522 at the time of the decision. Furthermore, a statutory declaration from his uncle confirmed the uncle's capacity and willingness to support the applicant and his family. Based on this evidence, the Tribunal was satisfied that the applicant met the financial capacity requirements under clauses 500.214(3), 500.214(2), and 500.214(1).

Accordingly, the Tribunal remitted the applications for the Student (Temporary) (Class TU) visas for reconsideration by the Minister. The Tribunal directed that the first applicant met the criteria under clause 500.214 of Schedule 2 to the Regulations, and the secondary applicants met the criteria under clause 500.313.