Oni (Migration)

The Administrative Appeals Tribunal considered the financial capacity of an applicant for a Subclass 500 (Student) visa. The applicant was undertaking a Bachelor of Accounting with a total tuition fee of $23,992 and a course end date of 30 November 2021. The Tribunal was required to determine if the applicant had provided sufficient evidence of financial capacity to meet the requirements of clause 500.214 of Schedule 2 to the Regulations, as detailed in the financial capacity instrument LIN 19/198.

The legal issues before the Tribunal were whether the applicant had demonstrated sufficient funds to cover annual living costs, course fees, and travel expenses, and whether the applicant had genuine access to these funds. Specifically, for an intended stay of 12 months or more, the applicant was required to demonstrate access to annual living costs of $21,041. The Tribunal also examined the applicant's own bank statement, which showed a closing balance of $29.04, and their parents' bank statements and term deposit, which collectively indicated funds of $74,490.06.

The Tribunal reasoned that the applicant's intention to stay in Australia for 12 months or more meant they needed to demonstrate access to $21,041 for living costs. While the applicant's personal bank statement showed a minimal balance, the Tribunal was satisfied by the substantial funds held by the applicant's parents, which converted to over $74,000. The Tribunal also considered the applicant's projected monthly income and expenses, broadly accepting them despite some inconsistencies with the bank statement, and concluded that the applicant had sufficient funds to meet living and course costs, as well as travel expenses. Crucially, the Tribunal found that the applicant had genuine access to these funds, thereby meeting the requirements of clause 500.214.

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