Aryal (Migration)

This matter concerned an application for review of a decision regarding a Subclass 500 (Student) visa. The applicant, Mr. Aryal, sought to demonstrate his financial capacity to meet the requirements for the visa. The Tribunal was tasked with determining whether the evidence provided by the applicant satisfied the relevant legislative instrument concerning financial capacity.

The primary legal issues before the Tribunal were whether the applicant had provided evidence of financial capacity in accordance with the instrument, and whether sufficient funds were available to meet the costs and expenses associated with holding the visa, including living costs, course fees, and travel expenses. The Tribunal was required to assess the applicant's bank funds against the prescribed amounts for living costs and course fees, taking into account the duration of the proposed study and any amounts already paid.

The Tribunal found that the applicant had provided evidence of funds held in a financial institution, which satisfied the requirement for demonstrating financial capacity. It was determined that the applicant needed to demonstrate $21,041 for living costs, as his intended stay exceeded 12 months. For course fees, given the total fee of $16,000 for a two-year course and an amount of $2,000 already paid, the applicant was required to demonstrate $6,000 for the first 12 months of study. Based on these findings, the Tribunal concluded that the applicant met the financial capacity criteria.

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