Dawa (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant provided evidence of a money deposit with CBA in the sum of $50,022.66, which satisfied the requirement for evidence of financial capacity under clause 500.214(3) of Schedule 2 to the Regulations and clause 10 of the Migration (LIN 19/198: Evidence of financial capacity – Subclass 500 Visa and Subclass 590 Visa) Instrument 2019. The court was required to determine whether the applicant had demonstrated sufficient funds to meet the costs and expenses associated with their intended stay in Australia, specifically living costs, course fees, and travel expenses, in accordance with the relevant instrument.

The court reasoned that the applicant's intended period of study was less than 12 months, meaning the living costs were to be calculated on a pro rata basis according to the instrument. The total living costs for the applicant and a second named applicant were calculated as $16,419.26. Regarding course fees, the court noted that the applicant had paid $49,470 towards a course costing $73,553, with the period of study commencing from the application date of 7 September 2023. The court determined that the course fees as at 7 September 2024 would be $61,113.

Given the findings regarding the financial capacity and the calculation of living costs and course fees, the court remitted the application for the visa to the Minister for reconsideration. The direction was that the first named applicant met the criteria under clause 500.214 of Schedule 2 to the Regulations.