CHADA (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by CHADA. The primary dispute revolved around whether the applicant had demonstrated genuine access to the required funds for his intended stay in Australia, as required by the relevant regulations and the financial capacity instrument, IMMI 17/012. The Administrative Appeals Tribunal was tasked with determining this issue.

The Tribunal was required to assess whether the applicant had provided sufficient evidence of financial capacity in accordance with cl.500.214(3) of Schedule 2 to the Regulations, as specified by IMMI 17/012. This involved considering the applicant's estimated expenses for tuition, travel, and living costs for the remainder of his course and intended stay, as well as the source of these funds, which included sponsorship from his father and his own part-time employment.

The Tribunal found that while the applicant acknowledged not providing all the necessary financial documentation to the Department at the time of application, he had subsequently provided evidence to the Tribunal. The Tribunal accepted the applicant's estimated expenses and found that his father had provided financial support in the past and was prepared to fund the remaining course fees. Furthermore, the Tribunal accepted that the applicant would continue to self-fund his living expenses through his part-time employment.

Given these findings, the Tribunal remitted the application for the visa to the Minister for reconsideration. The Tribunal directed that the applicant be considered to meet criterion cl.500.214 of Schedule 2 to the Regulations, allowing for further assessment of the remaining criteria for the Subclass 500 (Student) visa.