Farooq (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision by the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided adequate evidence of financial capacity in accordance with clause 500.214 of Schedule 2 to the Regulations, as further detailed in the financial capacity instrument LIN 19/198. This required the Tribunal to assess whether the applicant had demonstrated sufficient funds to cover tuition fees, living costs, and travel expenses, and whether they had genuine access to those funds.

The Tribunal considered the documentation provided by the applicant, including a Confirmation of Enrolment, a course fee breakdown, a bank statement showing $40,665 in the applicant's name, and sponsor bank statements. The applicant stated that the funds in their account were remitted by their father in 2017 to cover educational and living costs. The Tribunal calculated the required amount of genuine access to funds (GAF) as $33,012, comprising living costs and tuition fees. Based on the evidence, the Tribunal was satisfied that the applicant had provided evidence of GAF exceeding the required amount and that they would have genuine access to these funds.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration, with a direction that the applicant met the criteria under clause 500.214 of Schedule 2 to the Regulations.