Kumari (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by a primary applicant and her spouse and child as secondary applicants. The dispute before the Tribunal was whether the applicant had provided sufficient evidence of genuine access to funds (GAF) to meet the financial requirements stipulated by clause 500.214 of Schedule 2 to the Regulations, as detailed in the financial capacity instrument LIN 19/198.

The legal issues before the Tribunal were whether the applicant had provided evidence of financial capacity in accordance with clause 500.214(3), whether sufficient funds were available to meet the costs and expenses of the applicants while holding the visa, and crucially, whether the applicant would have genuine access to those funds, as required by clause 500.214(1). Additionally, the Tribunal considered whether the secondary applicants met the criteria set out in clause 500.311 of the Regulations.

The Tribunal found that the applicant had provided documentation, including a Confirmation of Enrolment, bank statements, and statements of support from sponsors, which demonstrated GAF exceeding the required amount of $41,555. This amount was calculated to cover outstanding tuition fees, living costs for the primary applicant and secondary applicants, and the cost of a dependent child. The Tribunal was satisfied that the applicant met the requirements of clauses 500.214(1), (2), and (3), and that the secondary applicants satisfied clause 500.311.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicants met the specified criteria for the Subclass 500 (Student) visas.