Ong (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa, brought by an applicant against the Minister. The primary dispute revolved around whether the applicant had demonstrated sufficient financial capacity and genuine access to funds as required by the relevant legislative instrument.

The court was required to determine whether the applicant had provided sufficient evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, as elaborated by the financial capacity instrument LIN 19/198. Specifically, the court had to assess if the applicant had sufficient funds available to meet her costs and expenses while holding the visa, and crucially, whether she had genuine access to those funds.

The Tribunal found that the applicant had provided bank statements showing over $30,000 in accounts held in her name, largely derived from deposits from Malaysia. It was satisfied that these funds exceeded the required annual living expenses and would cover her return airfare to Malaysia. The Tribunal also concluded that the applicant had genuine access to these funds as they were held in her own name. Based on these findings, the Tribunal was satisfied that the applicant met the criteria under clause 500.214.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 500.214 of Schedule 2 to the Regulations.