Koduri (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant provided evidence of a deposit of $31,000.43 in a bank account with CBA, which is a financial institution. The Tribunal was required to determine whether the applicant had demonstrated genuine access to sufficient funds to meet the costs and expenses associated with their stay in Australia, as stipulated by subclauses 500.214(1) and (2) of the *Migration Regulations 1994* and the *Migration (LIN 19/198: Evidence of financial capacity – Subclass 500 Visa and Subclass 590 Visa) Instrument 2019*.

The legal issues before the court were whether the applicant had provided sufficient evidence of financial capacity in accordance with the relevant instrument and whether the funds available were adequate to cover living costs, course fees, and travel expenses for the duration of the visa. Specifically, the Tribunal had to calculate the required living costs based on the remaining study period and the applicable instrument, and determine the outstanding course fees.

The Tribunal found that the applicant had satisfied the requirement for evidence of financial capacity by providing a bank deposit with a financial institution. It calculated the applicant's remaining study period as 42 days and determined the living costs for this period to be $2,421.16, based on the annual living cost of $21,041 set out in the relevant instrument. The Tribunal also noted that the applicant had paid all but the remaining course fees for 2024. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met criterion cl 500.214 of Schedule 2 to the Regulations.