Kaur (Migration)

The case concerned an applicant for a Subclass 500 (Student) visa who was required by the Minister to provide evidence of financial capacity. The Tribunal was tasked with determining whether the applicant had met the requirements of clause 500.214 of Schedule 2 to the Regulations, specifically concerning the provision of sufficient funds to cover tuition, living, and travel expenses, and whether the applicant had genuine access to those funds.

The Tribunal was required to assess the total financial requirements for the applicant, which included outstanding course fees of $7,000, living costs of $18,178 for 11 months, and travel expenses of $700, totalling $25,878. The applicant had provided bank statements showing $33,706 in her account, which exceeded the required amount. The Tribunal also considered whether the applicant had genuine access to these funds, noting that the account was in her name and used for her expenses.

Applying the principles of clause 500.214 and the financial capacity instrument IMMI 17/012, the Tribunal found that the applicant had provided sufficient evidence of funds and genuine access to them. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant had met the financial capacity criteria for a Subclass 500 (Student) visa.