Parmar (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, subclass 500, made by an applicant and their sponsor, Dr. Jayesh Gohil. The core of the dispute concerned whether the applicant had provided adequate evidence of financial capacity to meet the requirements of clause 500.214 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had provided sufficient evidence of financial capacity, specifically whether the funds available met the required amounts for living expenses and tuition fees, and crucially, whether the applicant would have genuine access to these funds. The relevant legislative instrument, LIN 19/198, outlined the specific requirements for demonstrating financial capacity, including the types of documentation and the minimum amounts needed.

The Tribunal found that the applicant had submitted a statutory declaration from their sponsor, a Confirmation of Enrolment (COE) for a Graduate Diploma of Management with associated tuition fees, and bank statements showing funds of $46,397. The applicant also stated they had paid all tuition fees for the course. The Tribunal calculated the required financial capacity to be $33,041, comprising living costs of $21,041, tuition fees of $11,000, and an airfare of $1,000. Based on the documentation provided and the applicant's statements, the Tribunal was satisfied that the applicant had demonstrated genuine access to funds exceeding the required amount and therefore met the criteria under clause 500.214.

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