Ayoub (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student) visa, made by an applicant against a decision of the Minister. The core of the dispute revolved around whether the applicant had provided sufficient evidence of financial capacity to meet the requirements of cl.500.214 of Schedule 2 to the Regulations.

The Tribunal was required to determine if the applicant had provided evidence of financial capacity in accordance with cl.500.214(3), whether sufficient funds were available to meet the costs and expenses while the applicant held the visa, and crucially, whether the applicant would have genuine access to those funds. The relevant instrument, IMMI 18/010, outlined the specific requirements for demonstrating financial capacity.

The Tribunal found that the applicant had provided evidence of enrolment in an Advanced Diploma of Information Technology, with a total tuition fee of $6,000 AUD, of which $1,500 AUD had been paid. The applicant also submitted an affidavit of support from his brother, who provided details of two bank accounts totalling approximately $32,149.59 AUD. Considering the applicant's estimated living costs of $20,290 AUD, return travel costs of $1,000 AUD, and remaining course fees of $4,500 AUD, the Tribunal concluded that the applicant had demonstrated access to sufficient funds totalling $25,790 AUD. The Tribunal was satisfied that the applicant met cl.500.214(1), (2), and (3), demonstrating genuine access to the funds, sufficient funds for costs and expenses, and compliance with the financial capacity requirements.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria set out in cl.500.214 of Schedule 2 to the Regulations.