Mohamed Nilfer (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Mohamed Nilfer. The primary issue before the Tribunal was whether the applicant had demonstrated sufficient financial capacity and genuine access to funds to meet the requirements of clause 500.214 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had provided evidence of financial capacity in accordance with IMMI 18/010, specifically whether the applicant had sufficient funds available to cover tuition fees, living expenses, and return travel, and crucially, whether the applicant would have genuine access to these funds. The applicant had provided evidence of a course enrolment with outstanding tuition fees of $3250, required living expenses of $20290, and return travel costs of $1000, totalling $24540.

The Tribunal found that the applicant had satisfied the financial capacity requirements by providing a bank balance confirmation from his father's account, which showed sufficient funds in Australian dollars to cover the total required amount. Furthermore, the Tribunal was satisfied that the applicant would have genuine access to these funds. Based on these findings, the Tribunal concluded that the applicant met the criteria under clause 500.214.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant had met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations.