Kamboj (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr Kamboj. The Minister had required the applicant to provide evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, as specified by LIN 19/198.

The primary legal issue before the Tribunal was whether the applicant had provided adequate evidence of financial capacity to meet the requirements for the visa. Specifically, the Tribunal had to determine if the applicant had demonstrated sufficient funds to cover tuition fees, living costs, and return travel expenses for the intended period of stay in Australia, as stipulated by the relevant legislative instrument.

The Tribunal found that the applicant had provided evidence of enrolment in a diploma course commencing in January 2021 with remaining tuition fees of AU$5,000. Crucially, the applicant also presented evidence of AU$32,952.19 in a Commonwealth Bank account as at 6 January 2021. Given that the required funds for the applicant's stay and study for the next 12 months, along with a return airfare, amounted to AU$21,041, the Tribunal was satisfied that the applicant had demonstrated sufficient financial capacity.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration. The Tribunal directed that the applicant be taken to meet criterion cl.500.214 of Schedule 2 to the Regulations, allowing the Minister to assess the remaining criteria for the visa.