Davinder Singh (Migration)

This matter concerned an application for review of a decision regarding Davinder Singh's eligibility for a Student Guardian (subclass 590) visa. Mr. Singh sought to accompany his two daughters, Ekamjot Kaur Sahota and Muskan, who were enrolled in South Australian Government Schools. The primary dispute revolved around whether the applicant had provided sufficient evidence of financial capacity to meet the costs and expenses associated with their intended stay in Australia, which was for a period of less than 12 months.

The court was required to determine if the funds offered by the applicant's brother and sister-in-law, held as additional repayments in a home loan account with a redraw facility, constituted "money deposit with a financial institution" as required by the relevant instrument, LIN 19/198, for demonstrating financial capacity. Specifically, the court had to consider whether such funds were genuinely accessible and sufficient to cover the applicant's travel and living expenses, as well as those of his daughters, including their remaining course fees.

The court reasoned that the purpose of the financial capacity requirement was to ensure applicants could sustain themselves and their accompanying students in Australia. It found that additional mortgage repayments with a redraw facility were readily accessible funds deposited with a financial institution, similar in nature to term deposits or general savings accounts. The court accepted that the approximately $127,000 available through the redraw facility was sufficient to meet the total required funds of $15,453 plus unpaid course fees.

Consequently, the Tribunal was satisfied that the applicant met the financial capacity requirements under clause 590.216 of Schedule 2 to the Regulations. The application for the Student (Temporary) (Class TU) Student Guardian (subclass 590) visa was remitted to the Minister for reconsideration, with the direction that the applicant had met the specified financial criteria.