Asgar Khan (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by Asgar Khan. The applicant was required to provide evidence of financial capacity in accordance with clause 500.214(3) of the Migration Regulations 1994, as specified by IMMI 17/012. The Tribunal considered whether the applicant had provided sufficient evidence of financial capacity to meet the required amount of $35,974, which comprised tuition fees, travel costs, and living expenses.

The legal issues before the Tribunal were whether the applicant had demonstrated sufficient funds to meet the costs and expenses associated with holding the visa, and whether the applicant would have genuine access to those funds. The Tribunal was required to assess the evidence provided, including an affidavit from the applicant's father, bank statements showing transfers, and details of an education loan. The Tribunal also had to consider the requirements of IMMI 17/012, which outlines the specific financial capacity requirements for student visa applicants.

The Tribunal found that the applicant had provided evidence of $45,400 being available, which exceeded the required $35,974. This evidence included an affidavit from the applicant's father attesting to sufficient funds and the applicant's access to them, bank statements showing transfers from the father, and details of an education loan. The Tribunal was satisfied that the applicant had demonstrated genuine access to these funds, thereby meeting the requirements of clauses 500.214(1), (2), and (3).

Consequently, the Tribunal remitted the application for the 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. The Minister was to consider the remaining criteria for the Subclass 500 (Student) visa.