GC (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by an applicant whose father had guaranteed financial support. The core of the dispute revolved around whether the applicant had provided sufficient evidence of financial capacity to meet the requirements of the visa subclass.

The Tribunal was required to determine if the applicant had provided adequate evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, and whether sufficient funds were available to meet the applicant's living costs, course fees, and travel expenses while holding the visa. This involved assessing the nature and sufficiency of the financial documentation submitted, including bank statements, loan applications, and enrolment confirmations.

The Tribunal reasoned that the applicant had provided evidence of funds held by his father with a financial institution, which constituted a satisfactory form of evidence of financial capacity under section 10 of the relevant instrument. Furthermore, the Tribunal was satisfied that the applicant had demonstrated genuine access to these funds and had met the costs of his course fees. The Tribunal also considered the applicant's intended period of stay in Australia to calculate the pro rata equivalent of annual living costs.

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