Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Ms Kaur. The dispute concerned whether Ms Kaur had provided sufficient evidence of financial capacity to meet the requirements of clause 500.214(3) of the Migration Regulations 1994, which mandates evidence of genuine access to funds for course fees, living, and travel costs.

The Tribunal was required to determine if the applicant had satisfied the financial capacity requirements as stipulated by clause 500.214(3) and IMMI 18/010. This involved assessing whether the evidence provided demonstrated genuine access to the calculated amount of $41,520 for the primary applicant and $6,940 for the secondary applicant, covering course fees, living expenses, and travel costs.

The Tribunal reasoned that the applicant’s representative had provided submissions detailing outstanding course fees and updated calculations for the applicant’s current enrolment. Crucially, a bank statement for the secondary applicant dated 21 November 2018 showed a balance of $43,907.99. Based on this evidence, the Tribunal was satisfied that the applicant met the financial capacity requirements under clause 500.214(3) and had genuine access to the necessary funds, thus satisfying clause 500.214(1).

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 500.214 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.