Nguyen (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by an applicant whose financial capacity was assessed by the Tribunal. The applicant was required to demonstrate financial capacity in accordance with clause 500.214(3) of the Migration Regulations 1994, with the relevant evidence requirements stipulated in IMMI 18/010.

The Tribunal was required to determine whether the applicant had provided sufficient evidence of financial capacity to meet the requirements of clause 500.214(3). The applicant needed to demonstrate access to $29,290, comprising course fees, annual living costs, and travel costs. The applicant submitted evidence of a bank deposit held by her mother, Hoang Thi Thanh, showing a balance of VND 2 billion, equivalent to approximately AUD$121,662.

The Tribunal found that the applicant had provided sufficient evidence of financial capacity, satisfying clause 500.214(3) and demonstrating genuine access to the funds as required by clause 500.214(1). Consequently, the Tribunal was satisfied that the applicant met clause 500.214 of Schedule 2 to the Regulations. The Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets this specific criterion.