Ekeocha (Migration)

The applicant, Ekeocha, sought review of a decision concerning their application for a Subclass 500 (Student) visa. The core of the dispute revolved around whether the applicant had provided sufficient evidence of financial capacity and genuine access to those funds, as required by clause 500.214 of Schedule 2 to the Migration Regulations 1994 and the associated financial capacity instrument, IMMI 18/010. The matter was heard by Adrienne Millbank, a Member of the Tribunal.

The Tribunal was required to determine two primary legal issues: first, whether the applicant had provided evidence of financial capacity that satisfied the requirements of clause 500.214(3) and IMMI 18/010; and second, whether the applicant would have genuine access to the funds presented as evidence of financial capacity, as mandated by clause 500.214(1).

In reaching its decision, the Tribunal considered bank statements from the applicant's brother, which showed a balance of $51,159 in a mortgage offset account as at 31 October 2018, and transaction statements from July to August 2018. The applicant's brother also provided a statutory declaration confirming the account's maintenance and stating that the applicant had full access to it for study-related expenses. Based on this evidence, the Tribunal was satisfied that the applicant had demonstrated financial capacity of $48,695 and genuine access to these funds, thus meeting the requirements of clauses 500.214(3) and 500.214(1) respectively.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa to the Minister for reconsideration. The direction was that the applicant met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations, allowing the Minister to assess the remaining criteria for the visa.