Boahen (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by the applicant, Mr. Boahen, against a decision by the Minister. The core of the dispute concerned whether the applicant had provided sufficient evidence of financial capacity as required by clause 500.214(3) of the Migration Regulations 1994, read in conjunction with LIN 19/198 (the Instrument).

The Tribunal was required to determine if the applicant had demonstrated access to sufficient funds to meet the prescribed costs and expenses, specifically focusing on the calculation of the financial capacity figure under section 6(2) of the Instrument and whether the evidence provided met the requirements of section 6(2)(a) or 6(3). This involved assessing the applicant's living costs, travel expenses, and course fees for the duration of his intended stay in Australia.

In its reasoning, the Tribunal calculated the applicant's financial capacity requirement by applying the annual living costs of $21,041, adding $1,000 for travel expenses, and determining the course fees payable within the first 12 months of his study period. The Tribunal found that the applicant had paid fees for the second semester of 2023 and the first semester of 2024, and that a further $4,610 was payable for a unit in the second semester of 2024, which was due before 11 September 2024. Based on these findings, the Tribunal concluded that the applicant had met the financial capacity criteria for the visa.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant meets the financial capacity criteria for a Subclass 500 (Student) visa.