Dhar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), brought by an applicant who was required to demonstrate financial capacity. The decision was made by Stephen Witts, a Member of the Tribunal. The core of the dispute revolved around whether the applicant had provided sufficient evidence of financial capacity, including genuine access to funds, as required by the relevant legislative instrument.

The legal issues before the Tribunal were whether the applicant had provided evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, whether sufficient funds were available to meet the applicant's costs and expenses while holding the visa, and crucially, whether the applicant would have genuine access to those funds, as stipulated by clause 500.214(1). The Tribunal was required to assess the evidence presented against the requirements of IMMI 18/010, which outlines the specific evidentiary standards for financial capacity.

The Tribunal found that the applicant had provided evidence of sufficient funds, totalling approximately $42,000 AUD, available through her mother's bank accounts, supported by an affidavit of support. This amount exceeded the calculated need of $27,990 AUD for course fees, living costs, and return travel. Furthermore, the Tribunal was satisfied that the applicant demonstrated genuine access to these funds. Consequently, the Tribunal concluded that the applicant met the financial capacity requirements under clause 500.214.

As the Tribunal was satisfied that the applicant met the financial capacity criteria, the decision was to remit the application for the visa to the Minister for reconsideration. This remittal was specifically directed to allow the Minister to consider the remaining criteria for the grant of a Subclass 500 (Student) visa.