MOHAMMED (Migration)

[2018] AATA 1136

MOHAMMED (Migration) [2018] AATA 1136 (12 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr ALTAF AHMED KHAN MOHAMMED
Mrs NAZNEEN NAAZ
Master DANISH AHMED KHAN MOHAMMED
Miss KHADIJAH BINT MUHAMMAD
Miss FATIMA BINT MUHAMMAD

CASE NUMBER:  1701205

DIBP REFERENCE(S):  BCC2016/2922140

MEMBER:Jennifer Cripps Watts

DATE:12 March 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decisions not to grant the applicants Student (Temporary) (Class TU) visas.

Statement made on 12 March 2018 at 11:58am

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Whether applicant has genuine access to required funds – Limited evidence of genuine access to funds – Extended period of time spent not studying

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 500.214

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 11 January 2017 to refuse to grant the applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act).

2. The applicants applied for the visas on 2 September 2016. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The primary visa applicant (the applicant) applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

3. The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl.500.212 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because the delegate was not satisfied the applicant will have genuine access to funds to meet the costs and expenses of the applicant during the applicant’s intended stay in Australia and the costs and expenses of each member of the applicant’s family unit who will be in Australia.

4. The visa that is the subject of this review was refused on 11 January 2017.  The applicant applied for review by this Tribunal on 24 January 2017, within time, and provided the Tribunal with a copy of the Department’s decision to refuse his student visa.  The applicant’s matter was constituted to this member and, on 9 February 2018, the Tribunal sent the applicant a written invitation to attend his hearing scheduled on 9 March 2018.   

5. The invitation to the hearing also included information relating to what evidence the applicant should provide to the Tribunal before his hearing.  He was asked to provide documents that demonstrate he has genuine access to sufficient funds to meet his costs and those of his family members covering the relevant period of intended stay, including course fees, living costs, school costs (where relevant) and travel costs.

6. The applicant was informed he should provide a copy of his current Confirmation of Enrolment (COE).  The applicant responded to the hearing invitation on 20 February 2018 and requested a postponement on the basis that he would be overseas on the date of the hearing and indicating that he and the secondary applicants were not planning to return to Australia until 28 April 2018.  A copy of the applicant’s Bridging Visa B (BVB) was provided to the Tribunal indicating the BVB, to travel to India because the applicant’s father is ill, was granted on 6 February 2018, valid to 6 May 2018.  The member considered the request and did grant the postponement, but instead, in the circumstances offered the applicants the option of attending the hearing by phone.  The Tribunal subsequently received an email from the representative, attaching a written response to the hearing invitation, dated 5 March 2018, advising that the applicant had decided to return to Australia to attend the hearing and that he would be attending, but the secondary applicants would not. 

7. The applicant did not provide the Tribunal with any documentary information in support of his application prior to the hearing.  An SMS hearing reminder was sent to the applicant on 2 March 2018.  On 5 March 2018, the Tribunal received an SMS response indicating delivery of the message failed.  Department movement records and the applicant’s own evidence documentary and oral evidence indicate he was offshore at the time the SMS hearing reminder was sent.

8. The applicant appeared before the Tribunal on 9 March 2018 to give evidence and present arguments. He handed up some documents at the hearing. 

9. The applicants were assisted in relation to the review by their registered migration agent, Paul Nanda, who did not attend the hearing.

10. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

    CONSIDERATION OF CLAIMS AND EVIDENCE

11. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl.500.211 to cl.500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application. The issue in the present case is whether the applicant meets cl.500.214: genuine access to funds for the period of his intended stay.

    Genuine access to funds (cl.500.214)

12. Clause 500.214 requires the applicant to meet certain financial requirements. If the applicant is required to do so by the Minister, they must give evidence of financial capacity that satisfies the requirements set out in an instrument: cl.500.214(3). All primary applicants must also satisfy the Tribunal that, while they hold the visa, sufficient funds will be available to meet their costs and expenses during their intended stay in Australia, as well as the costs and expenses of any members of their family unit who will be in Australia: cl.500.214(2). The Tribunal must also be satisfied that the applicant will have genuine access to the relevant kinds of funds.

    The applicant’s personal circumstances

13. The applicant is a 33 year old citizen of India.  He is married with three children, born in 2010 and 2015 (twins).  The applicant’s wife and three children are included in the visa application and usually reside with him in Australia.  They are also Indian citizens.  The applicant declares in his application that he is the eldest in his family and that he intends eventually to return to Hyderabad and open a business and help his father who has an electronics business.  Although he raised concerns at the hearing that there is a possibility that his father, who he says since he became ill is “not behaving properly”, may not give him the business.

14. The applicant is a highly educated man who has resided in Australia on student, temporary graduate and related bridging visas since first arriving onshore in 2008.  He has provided details of his academic qualifications in his visa application, generated on 2 September 2016.  He completed a Diploma of Information Technology in May 2010, a Diploma of Business Management in January 2011, a Masters of Computer Science in July 2012 and a Graduate Diploma in Commerce in November 2014.  He was then granted a temporary graduate visa valid from March 2015 to September 2016.  He lodged the application for the student visas that are the subject of this review on 2 September 2016 on the basis that he was intending to study a Masters in Business Administration.   

15. The oldest of the applicant’s three children attends Lakemba Public School.  At the time of this decision, the applicant’s family has been offshore since early February 2018, holding BVB’s valid to early May.  The applicant provided a statement indicating his wife and children are planning to return to Australia on 28 April 2018.

16. At the time of application, the delegate calculated the applicant’s costs to support himself and his family while he studied the course related to his 2016 visa application, during the period of his intended stay, to be about $66,000.  The delegate was not satisfied the applicant had genuine access to sufficient funds totalling or around this amount.

17. The Tribunal’s view is that a man with a dependent wife and three dependent children - two of whom would have been babies at the time of application and, at the time of this decision, are about two and a half years of age - would have substantial day-to-day living costs to meet, as well as his course fees.  This includes, for example, paying overseas student fees for his eldest child to attend school, as well as the applicant’s own course fees, health fund fees, rent, utilities and other day-to-day costs that a family of five would normally incur.  The applicant said that the fees for his son’s school attendance during the period of intended stay will be around $6,700 and gave estimates of some of his other expenses, detailed below.

18. The requirements for evidence of financial capacity for cl.500.214(3) are set out in IMMI 17/012, which is attached to this decision.

19. The applicant provided the Tribunal with a COE.  He enrolled in a Diploma of Business the day before the hearing.  According to the COE, he is enrolled in a 12 months course that commences on 9 April 2018 and finishes on 5 April 2019.  On the basis of this current COE, the Tribunal has reviewed the applicant’s matter on the basis that the length of “his intended stay” is up to April or May 2019, during which time he needs to satisfy the Tribunal that he has genuine access to sufficient funds to support himself and his family.

20. The Tribunal discussed the applicants’ costs of living in Australia and the likely costs and expenses the applicant will incur from April 2018 to April 2019.  The applicant himself estimates that his total expenses for the 12 month period to April 2019 will be about $45,000.  The Tribunal considers this to be a somewhat conservatively low estimate in the applicant’s circumstances, but has accepted the figure on the face of it.  He says that his wife’s family in India provided him with $10,000 cash which he brought back to Australia the day before the hearing and put in his bank account, and that his wife’s family will give his wife and his three children $10,000 cash each to bring back to Australia when they return on 29 April 2018 – total $50,000.

21. The applicant gave oral evidence that he estimates some of his expenses for the period of his and his family’s intended stay to include:

    a.$  6,700          School fees for his eldest child

    b.$  5,200          Food and groceries for the family

    c.$  2,900          Health insurance

    d.$11,000          Rent

    e.$     660          Mobile phones for the applicant and his wife

    f.$  1,140          Nappies for the two younger children (twins born in 2015)

    g.$  2,400          Car running costs

    h.$     780          Public transport costs for the applicant

    i.$     360          Home Wi-Fi subscription

    j.$  1,200          Utilities

    k.$  1,500          Fares for the family to return to India in 2019

22. The applicant was asked whether he or his wife work for a salary.  The applicant’s Commonwealth Bank statement, dated 8 March 2018, indicates he is paid a salary from Tip Top NSW, where he said he works in the warehouse, of around $430.61 per week.  He said his wife earns around $150 to $200 a week doing community work, tutoring.  The applicant said he also does some tutoring with schoolchildren, at his home, in science and maths.  The applicant has not provided any documentary evidence to show that he or his wife earn any wage or salary over and above what the applicant has deposited into his Commonwealth Bank account and the Tribunal has not considered this claimed additional tutoring income as reliable evidence.

23. The applicant claims that he will be funded by money that will be provided by his wife’s father and grandfather.  He said his wife’s grandfather will give them, as a gift, around $40,000 to $50,000 Australian.  He said although it is a gift that when he returns to India to live and work, he will probably pay some of it back. 

24. The applicant provided the Tribunal with a printout from “The Hindu”, an Indian media outlet, dated 10 August 2016.  He was asked what the relevant information to his case was in the article and said that it shows funds can only be transferred outside India for students when they have finished the first semester and can provide results.  The article is dated August 2016, more than 18 months ago, so is not considered to be reliable current information.

25. The applicant provided a copy of an identity card from the Income Tax Department, Government of India, containing the details of Syed Mohammed Taha Afandi, Syed Abdul Hameed Afandi, born May 1945 – the applicant’s wife’s grandfather, who the applicant claims will be providing significant financial support to the applicants for the period of their intended stay, 12 months from April 2018.  The applicant provided financial documents including:

    a.Mr Syed’s 2016/2017 Indian tax return showing a gross total income of 369,540 Indian Rupee (INR), about $7,200 Australian on 9 March 2018 exchange rates ( and a taxable income about 10 percent less

    b.Statement indicating income from business to be 4,61,850 INR, and Mr Syed’s 2017/2018 Indian tax return showing a gross total income of 461,850 INR, about $9,000 Australian

    c.Taxpayer’s Counterfoil, HDFC Bank Hyderabad, 480 INR, $9.00 Australian

    d.Certificate of Balance, Bank of Bahrain & Kuwait (BBK), dated 6 March 2018, indicating that he has a principal amount of 25,00,000.00 INR, or approximately $50,000 Australian, and a document indicating the deposit of this amount was made on 23 May 2017 and matures on 23 May 2018.

    e.Pay advices for 2011

    f.Payment of 520 INR in tax for the 2017/2018 tax year

    g.Profit and Loss account dated 31/03/2016, total 17,06,890 INR, or about $33,500 Australian and balance sheet with a total of 3,29,440 INR, or about $6,500 Australian

    h.Mr Syed’s 31/03/2017 profit and loss, total 19,69,650

26. The applicant said at the hearing he brought $10,000 cash with him when he returned to Australia, on 7 March 2018, to attend the Tribunal hearing, because he understands this is the maximum amount in cash he can bring into the country.  He provided a Commonwealth Bank account statement in his name, date 8 March 2018, the day before the Tribunal hearing, that shows a $10,000 cash deposit to the account was made at Bankstown. 

27. The Tribunal, referring to the $10,000, asked the applicant how the remainder of the money will be sent to him in Australia to fund his and his family’s period of intended stay and said that when his wife and three children, who are currently in India, return to Australia at the end of April 2018 they will bring additional cash with them.  He confirmed in his oral evidence that they will bring $10,000 each.  He said the money will be given to them by his wife’s grandfather and the total will be, including the $10,000 the applicant brought with him on 7 March 2018, around $40,000 to $50,000.

28. The Tribunal does not consider there is reliable evidence to indicate that the additional funds (in addition to the $10,000 the applicant brought with him) will be transferred to Australia and, in any event, there is not a reliable paper trail to indicate that the funds have or will be disbursed in the way the applicant claims they will.

29. The applicant provided a COE indicating his enrolment in a Diploma of Business for the period April 2018 to April 2019.  The applicant provided supporting documents from the education provider, Hannay International College, provider code 03463M, that indicate the course he is enrolled in has total tuition fees of $6,300 and that $1,975 due on 08/03/2018.  The applicant said at the hearing he paid $1,500 to the provider on 8 May 2018, the day before the hearing, but did not provide any documentary evidence corroborating this oral evidence.

30. Just because the $10,000 has been deposited to the Commonwealth Bank account in the applicant’s name does confirm to the Tribunal where the funds came from, or whether the funds will remain in the bank account and/or be used by the applicant and his family for the period of their intended stay.

31. The Tribunal’s view, formed after considering the evidence and relevant facts and matters, is that the applicant:

    a.Has not engaged in any meaningful study since 2015

    b.Has enrolled in his most recent course (at a lower VET level – Diploma - than the course he intended to study when he applied for the visa in 2016 – a Masters - the day before the Tribunal hearing, from April 2018 to April 2019, to support the visa application

    c.Has deposited $10,000 in his Commonwealth Bank account the day before the hearing also to support the visa application, but that it does not reliably indicate where the funds came from, whether the funds will remain in that account, or be used to support the applicant and his family from April 2018 to April 2019.

32. Whilst all these matters individually do not, prima facie, go to whether the applicant has genuine access to funds to support himself and the secondary applicants during the period of intended stay (as a student), it does go to the credibility of his claim, in the absence of reliable corroborative evidence, that the funds, $40,000 to $50,000, will be transferred to him from relatives in India.  It is accepted by the Tribunal, as there is a bank statement that shows it clearly, that the applicant deposited $10,000 into his Commonwealth Bank account on 8 March 2018, but no reliable documentary evidence about where he obtained the funds, in the view of the Tribunal.

33. The evidence of the means and income provided relating to the applicant’s wife’s grandfather do not support a finding that her grandfather will provide funds to the applicants for the period of their intended stay.  There is, in the view of the Tribunal, not reliable corroborative evidence that the applicant’s in-laws will “gift”, or even loan, the applicant the equivalent of about $40,000 to $50,000 Australian to support him living and studying in Australia from April 2018 to April 2019 or that actual plans have been made to disburse the funds to the applicant in cash or to a bank account or by any other means.  The applicant has not provided any bank account statements or other documents relating to funds he has available to him in accounts that he can access personally at the time of this decision, other than his own Commonwealth Bank statement, where he has current balance of $10,016.13, including a deposit of $10,000 made the day before the hearing.

34. At the end of the hearing, the applicant was asked if he had provided everything he wished to in support of his application and said he provided what he could, but that he had not been given much time to get the evidence.  The Tribunal told him that it disagreed with this statement as he had lodged his application over a year before the hearing and was informed of his scheduled hearing in line with statutory requirements, that is more than two weeks prior to the hearing.  The applicant was sent a written invitation on 9 February 2018, four weeks before his scheduled hearing.  He asked for a hearing postponement on 20 February 2018 because he and his family were overseas in India visiting the applicant’s sick father until 28 April 2018.  In the circumstances, he was offered the option of attending the hearing by phone, which is not unusual in such circumstances.

35. The applicant must meet all primary criteria in cl.500.2 of the Regulations at the time a decision is made on the application.

36. The Tribunal has considered the evidence, together with all relevant facts and matters and, on the basis of the above and in the applicants’ circumstances, is not satisfied that the applicant has genuine access to sufficient funds to meet his and his family’s costs and expenses for the period of their intended stay.

1. Accordingly, the Tribunal is not satisfied that the applicant meets cl.500.214.

2. Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are not met. The applicant does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the decision under review must be affirmed.

3. There was no claim made or evidence provided to the Tribunal that the secondary applicants do not continue to be members of the applicant’s family unit.  In the circumstances, as the Tribunal has affirmed the decision to refuse the applicant’s student visa, the Tribunal also affirms the decision to refuse the visas of the secondary applicants.

   DECISION

4. The Tribunal affirms the decisions not to grant the applicants Student (Temporary) (Class TU) visas.

   Jennifer Cripps Watts
   Member

   
   

   Attachment – IMMI 17/012 – Financial capacity instrument (extract)

   2.SPECIFY under subclause 500.214(4) of Schedule 2 to the Regulations and for the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, that the applicant seeking to satisfy the primary criteria of a Subclass 500 (Student) visa (Primary Applicant) must give to the Minister evidence of financial capacity of the following requirements:

   a)sufficient funds to meet the following costs or expenses of the Primary Applicant, as specified in item 6 of this Instrument:

   i.travel expenses; and

   ii.living costs and expenses as specified in item 5 of this Instrument; and

   iii.course fees covering:

   A.if the duration of the Primary Applicant’s stay in Australia is less than 12 months—the total course fee; or

   B.if the duration of the Primary Applicant’s stay in Australia is longer than 12 months—the first annual course fee; and

   b)sufficient funds to meet the following costs or expenses of each applicant seeking to satisfy the secondary criteria of a Subclass 500 (Student) visa (Secondary Applicant) making a combined application with the Primary Applicant, as specified in item 6 0of this Instrument:

   i.travel expenses; and

   ii.living costs and expenses as specified in item 5 of this Instrument; and

   iii.all school fees for each school aged dependant as specified in item 7 of this Instrument; or

   c)the Primary Applicant’s parents, spouse or de facto partner have personal annual income that is above an amount specified in item 8, and evidenced as specified in item 9 of this Instrument; or

   d)the Primary Applicant’s completed AASES form, as defined in regulation 1.03 of the Regulations; or

   e)for a Primary Applicant sponsored by the Department of Foreign Affairs and Trade—a letter of support from the Department of Foreign Affairs and Trade; or

   f)for a Primary Applicant sponsored by the Department of Defence—a letter of support from the Department of Defence.

   3.SPECIFY under subclause 500.313(4) of Schedule 2 to the Regulations and for the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, that a Secondary Applicant must give to the Minister the evidence of financial capacity that corresponds with the circumstances applicable to the Secondary Applicant in the Schedule to this Instrument.

   4.SPECIFY under subclause 590.216(4) of Schedule 2 to the Regulations and for the purposes of subclause 590.216(3) of Schedule 2 to the Regulations, that the applicant seeking to satisfy the primary criteria of a Subclass 590 (Primary Student Guardian Applicant) visa must give the Minister evidence of financial capacity of the following requirements:

   a)sufficient funds to meet the following costs or expenses of the applicant, as specified in item 0 of this Instrument:

   i.travel expenses; and

   ii.living costs and expenses as specified in item 5 of this Instrument; and

   b)sufficient funds to meet the following costs or expenses of the Primary Student Guardian Applicant as specified in item 6 of this Instrument:

   i.travel expenses; and

   ii.living costs and expenses in item 5 of this Instrument; and

   iii.course fees covering:

   A.if the duration of the Primary Student Guardian Applicant’s stay in Australia is less than 12 months—the total course fee; or

   B.if the duration of the Primary Student Guardian Applicant’s stay in Australia is longer than 12 months—the first annual course fee; and

   c)sufficient funds to meet the following costs or expenses of each member of the family unit applicant making a combined application with the Primary Student Guardian Applicant, as specified in item 6 of this Instrument:

   i.travel expenses; and

   ii.living costs and expenses in item 5 of this Instrument; and

   iii.all school fees for each school aged dependant as specified in item 7 of this Instrument; or

   d)the Primary Student Guardian Applicant’s spouse’s or de facto partner’s annual income that is above an amount specified in item 8, and evidenced as specified in item 9 of this Instrument.

   5.SPECIFY for each applicant that satisfies the minimum requirements specified in item 2, item 3 and item 4 of this Instrument:

   a)if the applicant’s intended stay in Australia is for a period of 12 months or longer, the annual living costs and expenses amounts for the first 12 month period is:

   i.for a student—$19,830 AUD;

   ii.for a student guardian—$19,830 AUD;

   iii.for a spouse or de facto partner—$6,940 AUD;

   iv.for a dependent child—$2,970 AUD; or

   b)if the applicant’s intended stay in Australia is for a period that is less than 12 months, the living costs and expenses amount is the pro rata equivalent of the annual amounts specified in paragraph a) of this item.

   6.SPECIFY the following evidence of financial capacity that satisfies the requirements specified in item 2, item 3 and item 4 of this Instrument:

   a)money deposit with a financial institution;

   b)loan with a financial institution;

   c)government loans;

   d)scholarship or financial support.

   7.SPECIFY for the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, for each Secondary Applicant who is a child of school-age, the evidence to be provided by the applicant of either:

   a)the annual minimum amount for schooling of $8000 per annum; or

   b)if the applicant’s intended stay in Australia is for a period that is less than 12 months, the amount specified for schooling is the pro rata equivalent of the annual amount specified in paragraph a) of this item; or

   c)enrolment in a course at a State or Territory government school where the fees have been waived and the applicant meeting the primary criteria is enrolled in a course as a:

   i.doctoral degree student; or

   ii.Foreign Affairs student; or

   iii.Defence student; or

   iv.Commonwealth sponsored student.

   8.SPECIFY the following annual income amounts that satisfies the minimum requirements specified in item 2, item 3 and item 4 of this Instrument:

   a)$60,000 AUD for an individual Primary Applicant for a Subclass 500 (Student) visa; or

   b)$70,000 AUD if:

   i.one or more Secondary Applicant is seeking to satisfy the secondary criteria for a Subclass 500 (Student) visa; or

   ii.for Subclass 590 (Student Guardian) visa applicants.

   9.SPECIFY as evidence of annual income amount that satisfies the requirements specified in item 2, item 3 and item 4 of this Instrument, official Government documentation of personal income that has been issued in the 12 months immediately before the application is made.

   10.In this Instrument, the pro rata equivalent of an annual amount is calculated by:

   a)dividing the annual amount by 365; and

   b)multiplying the resulting number by the number of days the applicant is intending to stay in Australia.

   …

   Schedule

Item	Circumstances applicable to the Secondary Applicant	Evidence and requirements of financial capacity
1	i.       the Secondary Applicant’s application is combined with a Primary Applicant’s application; and     ii.       the Primary Applicant does not provide a letter of support mentioned in paragraph e) or f) of item 2 of this Instrument.	Evidence specified in item 6 of this Instrument, to meet the costs and expenses of the Primary Applicant as specified in item 2 of this Instrument.
2	i.       the Secondary Applicant’s application is combined with a Primary Applicant’s application; and     ii.       the Primary Applicant provides a letter of support mentioned in paragraph e) or f) of item 2 of this Instrument; and    iii.       the letter of support indicates that the relevant department will meet the living expenses of each Secondary Applicant.	The letter of support.
3	i.       the Secondary Applicant’s application is combined with a Primary Applicant’s application; and     ii.       the Primary Applicant provides a letter of support mentioned in paragraph e) or f) of item 2 of this Instrument; and    iii.       the letter of support indicates that the relevant department will not meet the living expenses of each Secondary Applicant.	Evidence specified in item 6 of this Instrument, to meet the costs and expenses of the Secondary Applicant as specified in item 2 of this Instrument.
4	i.       the Secondary Applicant’s application is not combined with a Primary Applicant’s application; and     ii.       the Primary Applicant does not provide a letter of support mentioned in paragraph e) or f) of item 2 of this Instrument.	Sufficient funds to meet the following costs or expenses, as specified in item 6 of this Instrument:      i.     travel expenses; and     ii.     living costs for each applicant and the Student visa holder, as specified in item 5 of this Instrument; and    iii.     course fees for the Student visa holder covering: A.   if the duration of the stay in Australia is less than 12 months—the total course fee; or B.   if the duration of the stay in Australia is more than 12 months—the first annual course fee; and    iv.     all school fees for each school aged dependant of the Student visa holder, as specified in item 7 of this Instrument.
5	i.       the Secondary Applicant’s application is not combined with a Primary Applicant’s application; and     ii.       the Primary Applicant provides a letter of support mentioned in paragraph e) or f) of item 2 of this Instrument; and    iii.       the letter of support indicates that the relevant department will meet the living expenses of each Secondary Applicant.	The letter of support.
6	i.       the Secondary Applicant’s application is not combined with a Primary Applicant’s application; and     ii.       the Primary Applicant provides a letter of support mentioned in paragraph e) or f) of item 2 of this Instrument; and    iii.       the letter the letter of support indicates that the relevant department will not meet the living expenses of each Secondary Applicant.	Sufficient funds to meet the following costs or expenses, as specified in item 6 of this Instrument:      i.     travel expenses: and     ii.     living costs for each applicant, as specified in item 5 of this Instrument; and    iii.     all school fees for each school aged dependant of the Student visa holder, as specified in item 7 of this Instrument.
7	i.       the Primary Applicant’s parents, spouse or de facto partner have personal income that is above an amount specified in item 8 of this Instrument.	The evidence specified in item 9 of this Instrument.