Janthasen (Migration)

This matter concerned an application for a visa where the applicant, Janthasen, was required by the Minister to provide evidence of financial capacity. The dispute centred on whether the applicant had satisfied the financial requirements stipulated by clause 500.214 of the Migration Regulations 1994 and the associated legislative instrument, LIN 19/198. The Tribunal was tasked with determining if the applicant had demonstrated genuine access to sufficient funds to cover her travel, living, and course expenses during her intended stay in Australia.

The primary legal issue before the court was whether the applicant had provided sufficient evidence of financial capacity in accordance with clause 500.214(3) and LIN 19/198. This required the court to assess if the applicant had demonstrated genuine access to funds to meet the prescribed amounts for travel expenses ($1,000), annual living costs for a stay of 12 months or more ($21,041), and the total course fees for her two enrolled courses ($8,100). The total financial requirement identified was $30,141.

The court's reasoning focused on the specific financial evidence provided by the applicant in relation to her two Confirmations of Enrolment. The first enrolment was for a Certificate IV in Business with a total tuition fee of $3,100, and the second was for a Diploma of Leadership and Management with a total tuition fee of $6,000. The applicant intended to stay in Australia for a period exceeding 12 months, from 22 December 2020 to 8 May 2022. Therefore, the court applied the requirements for annual living costs and the combined course fees, alongside the travel expenses, to determine the total sum the applicant needed to demonstrate access to.