Nguyen (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Thi Ngoc Quy Nguyen. The applicant sought review of a decision made by the Minister regarding her financial capacity. The Tribunal considered evidence of funds held by the applicant's father, Nguyen Manh Quan, in a term deposit with a Vietnamese bank, along with a statement from him undertaking to provide financial support.

The primary legal issues before the Tribunal were whether the applicant had provided evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, whether sufficient funds were available to meet the costs and expenses associated with her study in Australia, and crucially, whether the applicant would have genuine access to those funds. The applicant's enrolment in a Diploma and Advanced Diploma of Project Management, with significant outstanding tuition fees and a lengthy period of study remaining, formed the basis of the financial assessment.

The Tribunal was satisfied that the funds held in the term deposit constituted money deposited with a financial institution, as required by the instrument LIN 19/198. It calculated the total financial capacity required for the applicant's living costs, outstanding tuition fees, and travel expenses for the remaining period of study to be AUD 28,416. The term deposit amount, equivalent to AUD 49,505.00, exceeded this requirement. Furthermore, the Tribunal found that the applicant's father's statement, supported by evidence of his business activities and land ownership, demonstrated genuine access to the funds and his commitment to providing financial support.

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