Giri (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant provided evidence of funds in a bank account held by her father, a separate account in her own name, and earnings from Australian employment. The Tribunal considered whether this evidence satisfied the financial capacity requirements under clause 500.214 of Schedule 2 to the Regulations, as elaborated by the financial capacity instrument LIN 19/198.

The primary legal issues before the court were whether the applicant had provided sufficient evidence of financial capacity, whether she had genuine access to those funds, and whether the available funds met the required costs and expenses for her stay in Australia, including living costs and course fees. Specifically, the Tribunal had to determine if the evidence of her father's financial sponsorship, coupled with her own funds and employment earnings, met the criteria set out in LIN 19/198, particularly concerning the form and nature of acceptable financial evidence and the genuineness of access to funds.

The Tribunal found that the applicant's bank accounts, totalling $38,465.22, constituted acceptable evidence of financial capacity under section 10(a) of LIN 19/198. It also determined that the applicant had sufficient funds to meet her estimated living costs of $21,041 per annum, course fees of $8,500, and potential travel expenses, totalling $29,541. However, the Tribunal expressed concern regarding the genuineness of the financial sponsorship declaration by the applicant's father, noting a lack of objective evidence that the funds had actually been transferred. This lack of objective evidence raised doubts about the applicant's genuine access to the father's funds.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration. The remittal was accompanied by a direction that the applicant met the criteria under clause 500.214 of Schedule 2 to the Regulations, acknowledging the sufficiency of funds and the acceptable evidence of financial capacity from her own accounts, while leaving the assessment of genuine access to the father's funds for further consideration.