Chebet (Migration)

The Administrative Appeals Tribunal considered the financial capacity of an applicant for a Subclass 500 (Student) visa. The Minister had refused the visa application on the basis that the applicant had not provided sufficient evidence of financial capacity to meet travel expenses, living costs, and course fees as required by clause 500.214(3) of the Regulations and LIN 19/198.

The Tribunal was required to determine whether the applicant had provided evidence of financial capacity that satisfied the requirements of the relevant legislative instrument. Specifically, the Tribunal needed to assess if the applicant had demonstrated sufficient funds to cover estimated tuition fees for the first 12 months of her Bachelor of Community Services course, travel expenses, and the annual living costs stipulated for a stay of 12 months or more.

The Tribunal reasoned that the applicant's studies would extend beyond 12 months, necessitating the calculation of financial capacity based on the first 12 months of study and the full annual living costs. The estimated total required amount was $39,841, comprising $17,800 for tuition fees (after deducting the initial payment), $1,000 for travel, and $21,041 for living costs. The applicant provided a bank account statement showing a balance of approximately $43,000, which included a significant transfer from her cousin. The Tribunal found that this balance exceeded the required amount.

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