Kaur (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, brought before the Tribunal by the applicant, Ms. Kaur. The central dispute revolved around whether the applicant had provided adequate evidence of genuine access to sufficient funds to cover her education fees, living expenses, and travel costs while studying in Australia.

The Tribunal was required to determine if the applicant had satisfied the primary criteria for a Subclass 500 visa, specifically concerning her financial capacity. This involved assessing the evidence presented regarding her available funds, outstanding course fees, estimated living expenses, and travel costs, in accordance with the requirements of Schedule 2 to the Regulations and the associated financial capacity instrument.

The Tribunal found that the applicant had presented evidence of total available funds amounting to AUD $30,594.87, which exceeded the calculated total required funds of $23,777.25 by AUD $6,817.62. This evidence included bank accounts held by the applicant and her father, as well as declarations of financial support from her father and cousin. Given these findings, the Tribunal concluded that the applicant had met the financial capacity criterion, specifically clause 500.214 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant had satisfied the financial capacity criteria for a Subclass 500 (Student) visa.