Patel (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by the applicant. The dispute arose from the Minister's assessment of the applicant's financial capacity, a requirement under clause 500.214 of Schedule 2 to the Migration Regulations 1994. The decision was made by Stephen Witts, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had provided evidence of financial capacity in accordance with clause 500.214(3), whether sufficient funds were available to meet the applicant's costs and expenses while holding the visa, and crucially, whether the applicant would have genuine access to those funds. These considerations were to be assessed against the requirements of IMMI 18/010, the financial capacity instrument.

The Tribunal found that the applicant had provided evidence of financial capacity, including a current enrolment in an Advanced Diploma of Leadership and Management, outstanding tuition fees of $3000.00 AUD, affidavits of support, and bank accounts showing funds of $24,307.00 AUD in the applicant's name or their parents' names with supporting letters. The applicant stated an intention to return to their home country upon completion of their studies. Based on this, the Tribunal was satisfied that the applicant had demonstrated sufficient funds to cover course fees, return airfare, and living expenses until the course completion date. The Tribunal was also satisfied that the applicant had genuine access to these funds.

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 under clause 500.214 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the Subclass 500 (Student) visa.