Khan (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), brought before the Tribunal by the applicant. The core of the dispute revolved around whether the applicant had provided sufficient evidence of financial capacity and genuine access to funds to meet the requirements of clause 500.214(3) of Schedule 2 to the relevant regulations. The applicant was enrolled in a Certificate III in Painting and Decorating and intended to remain in Australia for 79 days, requiring AUD 8,503 to cover living costs, outstanding tuition fees, and travel expenses.

The legal issues before the Tribunal were whether the applicant had demonstrated financial capacity in accordance with clause 500.214(3) and whether there were sufficient funds available to meet the applicant's costs and expenses while holding the visa, as well as whether the applicant would have genuine access to these funds. To satisfy the financial capacity requirement, the applicant submitted an affidavit of sponsorship from his aunt, who had access to approximately AUD 35,776.51 in a bank account in India. Additionally, the applicant provided evidence of a term deposit held by his father in the amount of approximately AUD 35,530.92, which the applicant stated was accessible.

The Tribunal considered the evidence presented, including the affidavit of sponsorship, identification for the aunt, bank deposit confirmations, and an affidavit clarifying the spelling of the father's name. It concluded that the applicant's aunt possessed sufficient funds, exceeding the required amount, and that the father's term deposit was also relevant as he provided funds to the applicant, with the aunt's funds held in reserve. Based on these findings, the Tribunal was satisfied that the applicant met the financial capacity requirements of clause 500.214(3) and that sufficient funds were available to meet the costs and expenses associated with the visa.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa, subclass 500 (Student), to the Minister for reconsideration. The direction was that the applicant met the criteria under clause 500.214 of Schedule 2 to the Regulations.