Mohammed (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by Mr. Mohammed, sponsored by his father. The applicant sought judicial review of a decision made by the Administrative Appeals Tribunal.

The primary legal issues before the court were whether the applicant had provided adequate evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Migration Regulations 1994, and whether the applicant would have genuine access to those funds. The Tribunal had initially found that the applicant had demonstrated sufficient funds but was not satisfied about genuine access, before later being satisfied after further submissions.

The court considered the requirements of clause 500.214(3) and the associated financial capacity instrument, LIN 19/198. The applicant's intended stay was 280 days, requiring AUD 23,141 for living costs, tuition fees, and travel. The applicant's sponsor provided an affidavit of support and evidence of a term deposit and loan funds totalling approximately AUD 28,941. While initially finding insufficient evidence of genuine access to funds, the Tribunal was later satisfied by evidence of transfers from the sponsor to the applicant, including a recent transfer of AUD 9,000 into the applicant's Australian bank account.

Given the Tribunal's satisfaction regarding the financial capacity criteria, the court remitted the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 500 (Student) visa. The Tribunal's decision was that the applicant met clause 500.214 of Schedule 2 to the Regulations.