Cheung (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Mr. Cheung. The Minister had required Mr. Cheung to provide evidence of financial capacity, and the Tribunal was tasked with determining whether this requirement had been met. The total estimated cost for Mr. Cheung's travel, living expenses, and course fees was AUD28,062.58.

The legal issues before the Tribunal were whether Mr. Cheung had provided sufficient evidence of financial capacity in accordance with clause 500.214(3) of the relevant instrument, whether he had sufficient funds available to meet his costs and expenses while holding the visa, and whether he would have genuine access to those funds. The instrument specified that evidence of financial capacity could include money deposits with a financial institution, and Mr. Cheung had provided a bank statement showing a balance of AUD41,085.00, as well as details of his part-time employment and a Hong Kong retirement fund.

The Tribunal found that Mr. Cheung had demonstrated sufficient funds to meet the required costs and expenses, noting his personal savings account balance, his part-time income, and the absence of dependents or financial obligations in Hong Kong. Furthermore, the Tribunal was satisfied that he had genuine access to these funds, as they were held in his personal bank account in Australia with no other signatories, and he had a consistent income stream.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa to the Minister for reconsideration, with a direction that Mr. Cheung met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations.