Kotagiri (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant had demonstrated sufficient financial capacity to meet the costs and expenses associated with their intended stay in Australia, as required by clause 500.214 of Schedule 2 to the Regulations. This included the costs of their course, living expenses, and travel.

The Tribunal was required to determine if the applicant had provided satisfactory evidence of financial capacity, specifically whether they had genuine access to sufficient funds. The regulations stipulated that applicants could satisfy this requirement by demonstrating their parent, spouse, or de facto partner had an annual personal income of at least AUD60,000 in the 12 months prior to the visa application, or by providing evidence of sufficient funds to cover travel, living costs, and course fees. The applicant had provided a Confirmation of Enrolment for a Graduate Diploma of Engineering costing $20,000 for 12 months, with $1,000 already paid.

The Tribunal considered evidence of a loan of 27,000,000 rupees (approximately AUD51,585) in the applicant's mother's name with the Maharashtra Bank, dated 7 August 2018. The Tribunal found that this bank deposit met the requirements set out in IMMI 18/010, which specifies acceptable forms of evidence for financial capacity, including a money deposit with a financial institution. Consequently, the Tribunal was satisfied that the applicant met the financial capacity criteria under clause 500.214(3) of Schedule 2 to the Regulations.

Despite initially finding that the criteria for the visa were not met and the decision under review should be affirmed, the Tribunal ultimately remitted the application for a Student (Temporary) (Class TU) visa for reconsideration. The remittal was directed with the finding that the applicant had met the criteria under clause 500.214 of Schedule 2 to the Regulations.