Mustafa (Migration)

This matter concerned an appeal by an applicant for a Subclass 500 (Student) visa against a decision by the Minister to refuse the visa. The primary issue was whether the applicant had provided sufficient evidence of financial capacity to meet the costs associated with their studies and living expenses in Australia, as required by clause 500.214(3) of the Migration Regulations 1994 and the instrument LIN 19/198. The applicant had enrolled in a Master of Information Technology, completed it, and then commenced a Master of Business Administration course.

The court was required to determine if the applicant had demonstrated genuine access to sufficient funds to cover outstanding tuition fees, living costs for the remainder of their intended stay, and travel expenses. This involved assessing the adequacy of the financial documentation provided, including bank statements and an affidavit from the applicant's father, in light of the specific requirements outlined in LIN 19/198, which details the forms of acceptable evidence and the calculation of required funds.

The Tribunal found that the applicant was required to demonstrate financial capacity of $10,761, comprising outstanding tuition fees, travel costs, and estimated living expenses. The applicant provided a Commonwealth Bank statement showing a balance of $32,269.96, which included funds transferred from the Bank of Punjab and from an elder cousin. The Tribunal also considered an affidavit from the applicant's father, who attested to providing funds, and evidence of the father's substantial savings in a Pakistani financial institution. The Tribunal concluded that the applicant had provided sufficient evidence of financial capacity.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the financial capacity criteria for a Subclass 500 (Student) visa. The Minister was to consider the remaining criteria for the visa.