Basnet (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by Mr. Basnet. The central issue before the Tribunal was whether Mr. Basnet had demonstrated genuine access to sufficient funds to meet the financial requirements for holding the visa, as stipulated by clause 500.214 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had provided evidence of financial capacity that satisfied the requirements of clause 500.214(3) and, more broadly, if sufficient funds would be available to meet the applicant's costs and expenses during their intended stay in Australia, as well as those of any family members who might be in Australia. This involved assessing the adequacy of the financial documentation provided, including bank statements and affidavits from a third party.

In its reasoning, the Tribunal noted that the applicant had provided evidence of enrolment in two courses, both created shortly before the hearing. The applicant also submitted a bank statement from his sister showing a substantial balance and a supporting affidavit. The Tribunal considered the total funds required for the applicant's stay, study, and return, and concluded that the evidence presented, particularly the financial support from his sister, demonstrated sufficient funds and genuine access to them. The Tribunal clarified that this assessment was solely about financial capacity and not about whether the applicant was a genuine temporary entrant.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa, Subclass 500, back to the Minister for reconsideration. The direction was that the applicant had met the criteria under clause 500.214 of Schedule 2 to the Regulations.