Njokanma (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant was required to demonstrate financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations. The applicant provided bank statements for herself and her sponsor, a notarised statement from the sponsor committing funds, and evidence of fee payments. The Tribunal considered the applicant's remaining stay in Australia, calculating the required funds for living costs, school fees, and travel for the applicant and her secondary applicants.

The legal issues before the court were whether the applicant had provided sufficient evidence of financial capacity to meet the costs and expenses associated with holding the visa, and crucially, whether the applicant would have genuine access to those funds. The Tribunal was required to assess the adequacy of the submitted documentation against the requirements of IMMI 18/010, which outlines the specific evidence needed to satisfy the financial capacity criteria for student visas.

The Tribunal found that the applicant had demonstrated sufficient funds were available to meet the calculated costs and expenses, noting the applicant's own funds and the substantial commitment from her sponsor. Furthermore, the Tribunal was satisfied that the applicant would have genuine access to these funds, supported by the sponsor's notarised statement and the applicant's own bank account. 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.