Akyurek (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr Akyurek. The central issue before the Tribunal was whether the applicant had demonstrated genuine access to sufficient funds to meet the financial capacity requirements for the visa.

The Tribunal was required to determine if the applicant satisfied clause 500.214 of Schedule 2 to the Regulations, which mandates that applicants must provide evidence of financial capacity and demonstrate genuine access to those funds to cover their costs and expenses, as well as those of any family members accompanying them to Australia. The Minister had required the applicant to provide evidence of financial capacity in accordance with clause 500.214(3), as stipulated by the instrument IMMI 18/010.

The Tribunal found that the applicant had provided evidence of $20,020 in an ING life maximiser account and an American Express credit card with an available credit of $16,883. Based on this evidence, the Tribunal was satisfied that the applicant met the requirements of clause 500.214(3) and also had genuine access to these funds, thus satisfying clause 500.214(1). Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant had met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations.