DANRE (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant was required by the Minister to provide evidence of financial capacity, which involved demonstrating sufficient funds to meet their intended costs and expenses in Australia, as well as having genuine access to those funds. The applicant submitted a bank statement and a statutory declaration from a family member in support of their application.

The legal issues before the court were whether the applicant had provided sufficient evidence of financial capacity to meet the required costs and expenses for their intended stay, and whether they had demonstrated genuine access to those funds, as stipulated by clause 500.214 of Schedule 2 to the Migration Regulations 1994 and the associated instrument IMMI 18/010. The total required funds, encompassing living costs, annual course fees, and travel costs for the first 12 months, amounted to $37,390.

The court found that the applicant had provided evidence of funds exceeding the required amount, specifically a bank statement showing a closing balance of $32,898.94 and an approved credit limit of $102,900. The court was satisfied that these funds were sufficient to meet the applicant's costs and expenses. Furthermore, the statutory declaration from a family member, confirming a direct financial relationship and the applicant's access to these funds, was considered sufficient to satisfy the genuine access requirement.

Consequently, the court remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant had met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations.