Jessah (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), by Mr Nelson Oghenetega Jessah, a Nigerian citizen. The applicant was enrolled in a Graduate Diploma of Management (Learning) and intended to remain in Australia for 123 days. The decision under review was made by the Minister, and the case came before the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had provided sufficient evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, whether sufficient funds were available to meet the applicant's costs and expenses during their stay, and whether the applicant would have genuine access to those funds. The Tribunal was required to consider the requirements set out in IMMI 18/010, which specifies the forms of evidence for financial capacity.

The Tribunal found that the applicant had provided evidence of financial capacity through his elder brother, who acted as his sponsor. This evidence included a statement from a Notary Public confirming the sponsorship, documents relating to the sponsor's business affairs, and a Nigerian bank statement showing a credit balance of approximately AUD 79,918.98, which exceeded the calculated financial requirement of AUD 11,230 for the applicant's stay, including living costs and travel expenses. The Tribunal was satisfied that the applicant met the financial capacity requirements under cl.500.214(3) and that sufficient funds were available.

Given these findings, the Tribunal remitted the application for the visa to the Minister for reconsideration. The direction was that the first named applicant, Mr Jessah, met the criteria under cl.500.214 of Schedule 2 to the Regulations. The application for the second named applicant was also to be reconsidered on the basis of this remit.