Ansari (Migration)

The Administrative Appeals Tribunal considered the application of Bisma Maudood Ansari for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning her financial capacity to meet the requirements for the visa. The primary issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity, including genuine access to funds, as required by clause 500.214 of Schedule 2 to the Migration Regulations 1994 and the associated financial capacity instrument, LIN 19/198.

The Tribunal was required to determine if the applicant had provided evidence of financial capacity in the form specified by LIN 19/198, if there were sufficient funds available to meet the costs and expenses associated with her intended study period in Australia, and if she would have genuine access to those funds. The applicant submitted an Account Maintenance Certificate and a bank statement for an HBL Savings Account held by her father, showing a balance sufficient to cover her living costs, tuition fees, and travel expenses for the duration of her course.

The Tribunal found that while the submitted documents were not on official bank letterhead, the stamps affixed to them, coupled with the applicant's assurance of their genuineness, were sufficient to accept them as evidence of funds. The Tribunal was satisfied that the funds were in the specified form of money deposits with a financial institution and that the amount available, equivalent to AUD $47,620.49, exceeded the calculated requirement of $46,940 for her living costs, tuition fees, and travel. Furthermore, the Tribunal was satisfied that the applicant would have genuine access to these funds held by her father, supported by a family relationship certificate.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations.