Kaur (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by Ms Kaur and her accompanying family members. The Minister had required the applicant to provide evidence of financial capacity in accordance with clause 500.214(3) of the relevant regulations. The Tribunal was asked to determine whether the applicant had provided sufficient evidence of financial capacity to meet the required costs and expenses for herself, her spouse, and her dependent child, as well as tuition fees and return travel.

The legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity, as defined by clause 500.214(3) and the associated financial capacity instrument LIN 19/198. This involved assessing whether the funds presented, including bank statements from her spouse and cousin, along with statutory declarations of support, adequately demonstrated genuine access to the total amount required for living expenses, tuition, and travel for the entire family.

The Tribunal found that the applicant had provided sufficient evidence of financial capacity. It noted that the applicant, her spouse, and child required a total of AU$43,055, including living costs, return travel, and tuition fees. The evidence presented included bank statements showing balances of AU$22,009.42 in her spouse's account, AU$30,794.48 in her cousin's account, AU$475.48 in another Indian account, and AU$11,034.06 in a further Indian account, supported by statutory declarations. The Tribunal concluded that the applicant had demonstrated genuine access to sufficient funds to meet the specified costs and expenses.

Consequently, the Tribunal remitted the applications for the Student (Temporary) (Class TU) visas to the Minister for reconsideration. The direction was that the first named applicant, Ms Kaur, met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations. The Tribunal also noted that if the primary applicant met the criteria, then the secondary applicants also met them.