Ali (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa. The applicant was required to provide evidence of financial capacity in accordance with cl.500.214(3) of Schedule 2 to the Regulations, as specified by LIN 19/198. The Tribunal considered the documentation provided by the applicant, including a Confirmation of Enrolment and a bank statement from the applicant's father, to determine if the applicant had demonstrated genuine access to sufficient funds to cover tuition fees, living costs, and travel expenses.

The primary legal issue before the Tribunal was whether the applicant had provided adequate evidence of financial capacity to satisfy the requirements of cl.500.214 of Schedule 2 to the Regulations. This involved assessing whether the funds presented were sufficient to meet the prescribed amounts for tuition, living expenses, and travel, and crucially, whether the applicant had genuine access to those funds. The Tribunal was required to apply the criteria set out in LIN 19/198, which details the specific forms of evidence and the required financial amounts for a primary applicant.

The Tribunal found that the applicant had provided evidence of genuine access to funds amounting to approximately AUD$38,812, which exceeded the required amount of $30,041 calculated for tuition, living costs, and travel. The Tribunal was satisfied that the applicant met cl.500.214(1), (2), and (3) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.500.214.