Mehra (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant was required to provide evidence of financial capacity under clause 500.214(3) of Schedule 2 to the Regulations, as specified by IMMI 18/010. The delegate had previously found that the applicant failed to provide sufficient evidence of their parents' personal income. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had satisfied the financial capacity requirements.

The legal issue before the Tribunal was whether the evidence provided by the applicant met the requirements for demonstrating financial capacity under clause 500.214(3) of Schedule 2 to the Regulations and IMMI 18/010. Specifically, the Tribunal had to assess if the applicant had provided official government documentation of personal income issued within the 12 months preceding the application, demonstrating that their parents had a combined personal annual income of at least AUD70,000, given the presence of a secondary applicant.

The Tribunal found that the applicant had provided a bank statement showing a substantial balance and copies of annual tax returns for both parents. These documents, when converted to Australian dollars, indicated a combined taxable income exceeding AUD70,000 for the relevant period. Additionally, an affidavit of support was provided, outlining financial assistance for tuition, living expenses, and travel. Based on this evidence, the Tribunal was satisfied that the applicant met the financial capacity requirements of clause 500.214(3). Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, specifically clauses 500.214 and 500.311.