Brar (Migration)

This matter concerned an application for review by an Indian citizen seeking a Subclass 500 (Student) visa to undertake automotive courses in Australia. The applicant had provided evidence of access to funds held in his brother's Australian bank account, but the amount initially fell short of the required sum under clause 500.214 of the Regulations. The Administrative Appeals Tribunal was required to determine whether the applicant had provided sufficient evidence of genuine access to funds to meet the costs and expenses associated with his intended stay in Australia.

The Tribunal considered the applicant's proposed study duration from February 2024 to March 2026, noting that an onshore stay exceeding 12 months required evidence of sufficient funds for the first year of study. This included unpaid tuition fees, living costs as prescribed by the Instrument, and travel expenses for return to the applicant's home country. The total calculated requirement for the first twelve months was $31,041. The Tribunal then examined the evidence provided, which was a bank document showing the applicant's brother held $39,700.12 on 18 February 2024.

The Tribunal reasoned that the form of the evidence met the requirements of section 10 of the Instrument, which specifies acceptable forms of financial capacity evidence, including a money deposit with a financial institution. Crucially, the amount held in the brother's account exceeded the calculated requirement of $31,041. Having regard to this evidence, the Tribunal was satisfied that the applicant had genuine access to sufficient funds to meet his costs and expenses.

Consequently, the Tribunal remitted the application for a Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant met the financial capacity criterion under clause 500.214 of Schedule 2 to the Regulations.