Pandit (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, by an applicant whose financial capacity was assessed by the Tribunal. The applicant sought to demonstrate financial capacity through funds held in an ANZ bank account, which were stated to be derived from financial support provided by their parents.

The primary legal issue before the court was whether the applicant had provided sufficient evidence of financial capacity in accordance with cl.500.214(3) of Schedule 2 to the Regulations, as elaborated by IMMI 19/198. This involved determining if the applicant had genuine access to funds that met the specified requirements for tuition fees, living costs, and travel expenses, and if these funds were presented in a form recognised by the instrument.

The court found that the Tribunal had correctly calculated the required amount for tuition, living costs, and travel expenses, totalling $7,507. It was also satisfied that the applicant had provided evidence of funds held in a money deposit with ANZ, amounting to $9,048, which exceeded the required sum and was in a form specified by section 10 of IMMI 19/198. The court concluded that the applicant had met the criteria under cl.500.214(3) and cl.500.214(2) regarding the availability of funds and genuine access to them.

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