Perez Bustamante (Migration)

Perez Bustamante (Migration) [2021] AATA 769 (12 January 2021)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT:  Mr Audacel Perez Bustamante
CASE NUMBER:  1910170
HOME AFFAIRS REFERENCE(S):          BCC2018/5835326
MEMBER:Mark Bishop
DATE:12 January 2021
PLACE OF DECISION:  Melbourne
DECISION:The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

Statement made on 12 January 2021 at 1:32pm
CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa– applicant did not provide current proof of Genuine access to funds – failed to provide the requested information within the prescribed period – decision under review affirmed
LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 500.211, 500.214
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 3 April 2019 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).
The applicant applied for the visa on 26 December 2018. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.
The applicant appeared before the Tribunal on 2 December 2020 to give evidence and present arguments. As the hearing progressed the applicant asserted to the Tribunal he had not received advice of the hearing. The Tribunal examined the relevant Departmental and Tribunal file. Both files showed the following:
·The Department and Tribunal used the email address provided by the applicant being [email protected]. The applicant had provided this email address to the Department previously and it had been used extensively by the Department.
·In his application for review dated 23 April 2019 to the Tribunal the applicant provided his email address as [email protected]. The applicant did not provide any updated or different email address to the Tribunal.
·The applicant asserted to the Tribunal he had not received notice of the hearing and this must be the fault of his agent.
·The Applicant agreed he had received two SMS messages from the Tribunal to his mobile phone number as provided to the Tribunal and confirmed to the Tribunal as being correct during the hearing. These SMS messages dated 25 November 2020 and 1 December 2020 advised the applicant of hearing details and what steps he should follow. The applicant advised the Tribunal he ignored these two SMS messages.
·The applicant advised he had changed his living address and had not advised the Tribunal of his new living address. The applicant provided his new living address to the Tribunal.
·The Tribunal is satisfied it followed all required steps to notify the applicant of the hearing using the detail provided by the applicant in his application for review and the applicant chose to ignore the hearing.
·The applicant provided a new email address and home living address to the Tribunal. The applicant confirmed to the Tribunal his mobile phone number.
·The Tribunal granted the applicant an extension of time to provide the requested information and made arrangements for the letter of invitation to be resent to both his old and new living addresses and to his old and new email addresses. The Tribunal advised the applicant the review application would be set down for a further hearing and at that hearing or before the hearing the applicant was required to provide the requested information. The Tribunal advised the applicant that at the conclusion of the rescheduled hearing a decision would be made, and no further extensions of time would be granted.
The Tribunal exercised its discretion to hold the hearing by telephone. The hearing was held during the COVID-19 pandemic. The Tribunal determined it was reasonable to hold a hearing by telephone, having regard to the nature of this matter and the individual circumstances of the applicant. The Tribunal also had regard to the Tribunal’s objective of providing a mechanism of review that is fair, just, economical and quick, and the delay to the matter if the hearing was not to be conducted by telephone. The applicant did not raise any concerns as to conducting the review hearing by phone. The Tribunal is satisfied that the applicant was given a fair opportunity to give evidence and present arguments.
The applicant provided a copy of the decision record to the Tribunal.
For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.
CONSIDERATION OF CLAIMS AND EVIDENCE
The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl.500.211 to cl.500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is GAF.
Genuine access to funds (cl.500.214)
Clause 500.214 requires the applicant to meet certain financial requirements. If the applicant is required to do so by the Minister, they must give evidence of financial capacity that satisfies the requirements set out in an instrument: cl.500.214(3). All primary applicants must also satisfy the Tribunal that, while they hold the visa, sufficient funds will be available to meet their costs and expenses during their intended stay in Australia, as well as the costs and expenses of any members of their family unit who will be in Australia: cl.500.214(2). The Tribunal must also be satisfied that the applicant will have genuine access to the relevant kinds of funds.
In the present case, the Minister has required the applicant to give evidence of financial capacity in accordance with cl.500.214(3).
Has the applicant provided evidence of financial capacity in accordance with the instrument?
The requirements for evidence of financial capacity for cl.500.214(3) are set out in LIN 19/198, which is attached to this decision.
The delegate made a finding the applicant failed to provide adequate evidence of GAF.
An applicant is required to provide current information to the Tribunal to satisfy GAF as set out in cl.500.214.
On 17 November 2020 the Tribunal wrote to the applicant and invited the applicant to attend a hearing. The Tribunal advised the applicant “…Please provide all documents you intend to rely on to establish that you meet the criteria for the visa. The decision made by the department to refuse to grant a visa should set out the reasons why you did not meet the criteria, and you should have regard to these and any changes in your circumstances, in providing documents and preparing for the hearing. Any documents or written arguments sent to us should be in English or accompanied by a translation from a qualified translator”.
The Tribunal requested the applicant provide the following documents at least 7 days prior to the hearing:
·A copy of your current Confirmation of Enrolment (COE) or other document/s that show you are currently enrolled in a course of study as defined in cl 500.111 and as required by cl 500.211(a) of schedule 2 to the Migration Regulations 1994 (the Regulations) for the grant of the visa.
·Documents that show your past studies in Australia, including copies of all your attendance certificates, academic transcripts and certificates of completion as well as documents evidencing any work related to your past or intended studies in Australia.
Either:
·Documents that demonstrate you have genuine access to sufficient funds to meet your costs and expenses during your intended stay in Australia as well as the costs and expenses of each member of your family unit (if any) who will be in Australia, to pay course fees, living costs, school costs (where relevant), and travel costs over the relevant period. You must also provide evidence that the funds are of a kind specified in the relevant legislative instrument.

OR
·Evidence of the annual income of your parents/spouse/de facto partner and that you have genuine access to those funds. Please note: any access to funds information that is from outside of Australia needs to be converted into Australian Dollars (AUD) using the following link: A copy of the conversion needs to be added to any submission with the conversion date.
The Tribunal is of the view the applicant was provided with adequate written notice of the need to provide “a copy of your current Confirmation of Enrolment (COE) or other document/s that show you are currently enrolled in a course of study as defined in cl 500.111 and as required by cl 500.211(a) of schedule 2 to the Migration Regulations 1994 (the Regulations) for the grant of the visa” as outlined in paragraph 17 above.
In addition, on 17 November 2020 the Tribunal provided a copy of LIN 19/198 Financial Capacity Instrument to the applicant. This instrument in s.6 (2) outlines the detail an applicant is required to provide to comply with the instrument and hence satisfy cl.500.214 of Schedule 2 to the Migration Regulations. The Tribunal is of the view the applicant was provided with adequate written notice of the type of information required to be provided to the Tribunal to satisfy LIN 19/198.
See paragraph 4 above for additional relevant background information.
On 18 December 2020 the applicant provided the following documents to the Tribunal:
·Copy of a COE in a course of General English, created16 December 2020 for a course starting 14 December 2020 and concluding 12 March 2021 with all relevant tuition fees paid;
·Copy of a COE in a Certificate IV in Management Practice, created16 December 2020 for a course starting 12 April 2021 and concluding 10 April 2022 with outstanding tuition fees of $3,900;
·Copy of a COE in an Advanced Diploma of Project Management created16 December 2020 for a course starting 11 April 2022 and concluding 19 April 2023 with outstanding tuition fees of $5,200;
·Copy of a Commonwealth Bank Account Statement dated 15 December 2020 in the name of the applicant showing a balance of $34,517;
·Certificate of Completion in a series of English courses in the period January 2015 until September 2018 showing completion of 60 weeks with average attendance rate of above 80%;
·Certificate of English Language Proficiency from SELC Sydney showing course study of 8 weeks in the period 25 February 2019 until 19 April 2019;
·OSHC Statement;
It is not uncommon in this jurisdiction for large sums of money to be deposited into applicant or applicant sponsor bank accounts immediately prior to a scheduled hearing date. It is also not uncommon for those same deposits to be withdrawn and often returned to the provider of the funds after the Tribunal has issued a decision. It is also not uncommon for sponsors of applicants or applicants themselves to seek to borrow a large sum of money from various money providers and deposit these funds in their bank account ostensibly as proof of proof of a money deposit with a financial institution as set out in s.10 (a) of LIN 19/198.
The Tribunal was of the view that provision of a bank statement without a copy of the transaction record or explanation as to deposits did not satisfy the requirement of genuine access to funds as set out in paragraph 8 above and advised in writing to the applicant in Tribunal correspondence summarised in paragraph 14 above.
The Procedure Advice Manual (PAM3) states as follows:
Clause 500.214(1) requires the decision maker to be satisfied that the applicant will have genuine access to funds mentioned in clause 500.214(2). These funds should be available to be used for the purpose of financially supporting the applicant (and family members if any) while in Australia.
Decision makers may consider the circumstances of the applicant/person providing the funds to determine whether the applicant(s) would genuinely have access to the funds.
Examples of circumstances that may be considered are:
- the employment history of the applicant/person providing the funds
- the income and assets of the applicant/person providing the funds
- the source of the income used to meet the financial requirements (for example, if the applicant is relying upon funds from a third party (for example, a family friend), and the nature of the relationship between the applicant and the person providing the funds
- if the person providing the source of income has provided financial support for another student visa applicant
- if the applicant has previously been granted a visa, any information which Home Affairs has in relation to their ability to meet their financial requirements while they were in Australia
- if the applicant has previously applied for a visa, any information which Home Affairs has in relation to their ability to provide for their living costs while in Australia
- the immigration activities in Australia of other nationals from the applicant’s home country are such that further investigation into the genuine intentions of the student should be undertaken
- relevant intelligence and analysis reports on illegal immigration and malpractice (if relevant to the individual’s circumstances).
The Tribunal acknowledges that PAM3 does not bind the Tribunal in its deliberations. It is a guide to the factors that the Tribunal might consider in its decision making processes. The Tribunal brings an independent mind to this review application and is not bound by either the decision of the delegate or any manuals or processes that may have been followed by the Department.
In response to the provision of the above information the Tribunal wrote to the applicant on 5 January 2021 and requested he provide additional information as follows:
·Please write to the applicant and ask him to provide a copy of the transaction record for the six months prior to 18 December 2020 for the Commonwealth Bank Account Statement provided to the Tribunal on 18 December 2020. If the Transaction record shows any large deposits in the two months prior to 18 December 2020 the Tribunal required an explanation of the source of the deposits. If the deposits were provided by a third person the Tribunal also requires a statement of genuine access to the funds from the provider of the funds. This information is to be provided prior to the hearing date of 12 January 2021.
The applicant did not respond to the request for information outlined in paragraph 19 above. He did not provide the requested information to the Tribunal.
At the scheduled hearing on 12 January 2021 the Tribunal requested the applicant to advise as to why he had not responded to the request for information of 5 January 2021 and why he had not provided the requested information. The applicant advised he had not received the email of 5 January 2021. He repeated this statement on many occasions. The Tribunal checked the relevant Casemate file and established the email had been sent as 13.41 on 5 January 2021 to the email address provided by the applicant and which the applicant had previously received correspondence from the Tribunal and which the applicant had used to send emails to the Tribunal. The Tribunal advised the applicant it did not believe that the applicant had not received the relevant email of 5 January 2021. The Tribunal requested the applicant again check his email address. The applicant checked his email address. The applicant then advised the Tribunal he had received the relevant email but had not responded to the request for information.
The applicant did not provide an acceptable reason for not providing a response to the request for information of 5 January 2021. The Tribunal advised the applicant it wished to receive a response to the email of 5 January 2021 and gave the applicant until 3pm on 12 January 2021 to provide such response. The Tribunal further advised the applicant that it would issue a written decision after 3pm 12 January 2021. The applicant advised the Tribunal he understood the request and would provide a response.
At 12.01pm on 12 January 2021 the applicant provided the following information to the Tribunal
·Copy of a transaction record in the name of the applicant from 1 July 2020 until 31 December 2020 that showed a balance of $30,723 as at 30 December 2020. This transaction statement showed routine, regular and small denomination transactions, wages deposits and occasional temporary $ transfers that were later transferred out of the account. Generally the balance in the account was low in the months from July 2020 to December 2020 often getting down to 3 figure balance sums. The account appeared to have be generally used for transactions of a household nature. As at 10 December 2020 the balance in the account was $1,602.22. Five transactions of interest occurred after this date as follows:
oTransfer of $10,000 inwards from Merly Leon Suarez on 11 December 2020;
oCash Deposit Branch of $20,000 at Westfield ShoppingTown on 14 December 2020;
oTransfer of $7,000 outwards to Merly Leon Suarez on 15 December 2020
oTransfer of $5,000 inwards from Merly Leon Suarez on 16 December 2020;
oTransfer of $2,000 outwards to Merly Leon Suarez on 17 December 2020;
·Deposit receipt for $20,000 at Westfield Shoppingtown Parramatta on 14 December 2020 with the descriptor “this money is from my savings when my parents send me sometimes”;
·Deposit receipt for $10,000 on 11 December 2020 with the identification of “transfer from Merly Leon Suarez Paticharito” with the descriptor “this money they gave me back what they owed me”;
·Withdrawal receipt for $7,000 on 15 December 2020 with the identification of “transfer to Merly Leon Suarez CommBank App Audi” with the descriptor “this money someone ask me for loan”
Excluding the brief descriptors the applicant did not provide a written statement to explain the various documents summarised above in paragraph 27. The applicant did not provide a copy of a statement from Merly Leon Suarez. This omission is important for two reasons. Firstly Merly Leon Suarez is the person who has provided and received large sums of monies to the applicant. Some of those sums appear to have been returned to Merly Leon Suarez. Secondly despite a written request from the Tribunal and a direct acknowledgment from the applicant in the hearing that he had received relevant correspondence of 5 January 2020 the applicant has not provided a statement from Merly Leon Suarez that addresses GAF.
The applicant provided the descriptor “this money is from my savings when my parents send me sometimes” in reference to a deposit of $20,000 on 14 December 2020. Despite a written request from the Tribunal and a direct acknowledgment from the applicant in the hearing that he had received relevant correspondence of 5 January 2020 the applicant has not provided a statement from his parents that addresses GAF. Furthermore the applicant has failed to provide evidence of the source of this deposit of $20,000. He says it is “from my savings”. He did not provide any written documentation that he has savings of this amount in any other bank account.
Excluding the bank statement, associated transaction record and deposit/withdrawal slips he applicant has failed to provide any evidence that corroborates his various descriptors of “this money is from my savings when my parents send me sometimes”, “this money they gave me back what they owed me” and “this money someone ask me for loan”. It is this lack of corroboration, this lack of verification, this lack of confirmation and this lack of statements of support of genuine access that is of major concern to the Tribunal.

The applicant has failed to satisfy the Tribunal he has genuine access to funds
The applicant did not provide current proof of GAF to the Tribunal. There is insufficient evidence before the Tribunal that the applicant satisfies LIN 19/198 (see paragraph 16 above in addition).
On the basis of the above, the Tribunal is not satisfied that the applicant meets cl.500.214(3).
Accordingly, the Tribunal is not satisfied that the applicant meets cl.500.214.
Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are not met. The applicant does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the decision under review must be affirmed.
DECISION
The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visas.
Mark Bishop
Member
Attachment – LIN 19/198 – Financial capacity instrument (extract)
6 Subclause 500 (Student) visa—primary applicants
(1)For the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, a primary applicant must give to the Minister evidence of financial capacity that satisfies the requirements of subsections (2), (3), (4), (5) or (6).
Note: For primary applicant, see section 4 of Part 1 to this instrument.
(2)The evidence of financial capacity
(a)is in the form specified in section 10; and
(b)demonstrates that the primary applicant has sufficient funds available to meet the following costs and expenses of the primary applicant:
(i) travel expenses; and
(ii) the following living costs and expenses:
(A)if the primary applicant intends to stay in Australia for a period of 12 months or more – AUD21,041 (annual living costs); and
(B)if the primary applicant intends to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated as specified in section 11; and
(iii) the following course fees, minus any amount already paid:
(A)if the duration, or the remainder, of the primary applicant’s period of study in Australia is less than 12 months – the fees for the course of study or the remaining components of the course of study; or
(B)If the duration, or the remainder, of the primary applicant’s period of study in Australia is more than 12 months – course fees for the first 12 months of the period study in Australia; and
Note : The period of study is the period beginning at one of the following commencement periods and ending on the final day of the applicant’s final course of study:
(a)if the applicant’s first course of study commenced after the date of application – on the first day of the first course of study; or
(b)if the applicant’s first course of study commenced before the date of application – on the date of application.
(c)demonstrates that the primary applicant has sufficient funds available to meet the following costs and expenses of each secondary applicant making a combined application with the primary applicant:
(i) travel expenses; and
(ii) for each secondary applicant who intends to stay in Australia for a period of 12 months or more – the following costs (annual living costs):
(A)for a spouse or de facto partner - AUD7,362 and
(B)for a dependent child - AUD3,152; and
(iii) for each secondary applicant who intends to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated as specified in section 11; and
(iv) the following school fees for each school-age dependant:
(A)if the school-age dependant intends to stay in Australia for more than 12 months - AUD8,296 (annual school costs); or
(B)if the school-age dependant intends to stay in Australia for less than 12 months – the pro rata equivalent of annual school costs, calculated as specified in section 11; or
(C)if the school-age dependant is enrolled in a course of study at a State or Territory government school where the fees have been waived, and the Primary Applicant is enrolled in a course as a doctoral degree student, a Foreign Affairs student, a Defence student or a Commonwealth sponsored student – nil.
Note: For secondary applicant, see section 4 of Part 1 to this instrument
(3)The evidence of financial capacity:
(a)is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and
(b)demonstrates that the primary applicant’s parent, spouse or de facto partner has a personal annual income, in the 12 months immediately before the application is made, that is:
(i)if there is no secondary applicant– at least AUD62,222; or
(ii)if there is a secondary applicant – at least AUD72,592.
(4)The evidence of financial capacity is the primary applicant’s completed AASES form.
Note: AASES form is defined in regulation 1.03 of the Regulations to mean for a secondary exchange student, an Acceptance Advice of Secondary Exchange Student form from the relevant State or Territory education authority, containing the following declarations:
(a) a declaration made by the student’s exchange organisation, accepting the student;
(b) a declaration made by the student’s parent, or the person or persons having custody of the student, agreeing to the exchange.
(5)If the primary applicant is a Foreign Affairs student – the evidence of financial capacity is a letter of support from the Department of Foreign Affairs and Trade.
(6) If the primary applicant is a Defence student – the evidence of financial capacity is a letter of support from the Department of Defence.
7 Subclause 500 (Student) visa—secondary applicants
(1)For the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, a secondary applicant who is included in the primary student visa holder’s application, must give to the Minister evidence of financial capacity that satisfies the requirements of subsection (2), (3), (4), (5) or (6).
(2)The evidence of financial capacity:
(a)is in the form specified in section 10; and
(b)demonstrates that sufficient funds are available to meet the costs and expenses of the primary student visa holder set out in subparagraphs 6(2)(b)(i) to (iii) of this Part; and
(c)demonstrates that sufficient funds are available to meet the costs and expenses of each secondary applicant making a combined application with the primary student visa holder specified in paragraphs 6(2)(c)(i) to (iv) of this Part.
(3)The evidence of financial capacity:
(a)is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and
(b)demonstrates that the primary student visa holder’s parent, spouse or de facto partner has a personal annual income that is at least AUD72,592.
(4)If the primary student visa holder is a Foreign Affairs student and has provided a letter of support mentioned in subsection 6(5) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Foreign Affairs and Trade will meet the living costs and expenses of each secondary applicant.
(5)If the primary student visa holder is a Defence student and has provided a letter of support mentioned in subsection 6(6) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Defence will meet the living costs and expenses of each secondary applicant.
(6)If:
(a)the primary student visa holder is a Foreign Affairs student or a Defence student and has provided a letter of support mentioned in subsection 6(5) or (6) of this Part; but
(b)the letter of support does not indicate that the relevant department will meet the living costs and expenses of each secondary applicant;
then the evidence of financial capacity:
(c)demonstrates that sufficient funds are available to meet the costs and expenses of the secondary applicant specified in paragraphs 6(2)(c)(i) to (iv) of this Part.
8 Subclass 500 (Student) visa – secondary applicants not included in the primary student visa holder’s application
(1) For the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, a secondary applicant (the first secondary applicant), who is not included in the primary student visa holder’s application, must give to the Minister evidence of financial capacity that satisfies the requirements of subsection (2), (3), (4), (5) or (6).
(2) The evidence of financial capacity:
(a)is in the form specified in section 10; and
(b)demonstrates that sufficient funds are available to meet the costs and expenses of the primary student visa holder specified in subparagraph 6(2)(b)(ii) of this Part; and
(c)demonstrates that sufficient funds are available to meet course fees for any component of the primary student visa holder’s course of study which will be completed while the first secondary applicant is in Australia, up to an amount equivalent to fees for 12 months of the course of study, minus any amount already paid; and
(d)demonstrates that sufficient funds are available to meet the costs and expenses of each secondary student visa holder and that the first secondary applicant has sufficient funds available to meet their own costs and expenses, and the costs and expenses of each additional secondary applicant making a combined application with the first secondary applicant, specified in subparagraphs 6(2)(c)(ii) to (iv) of this Part; and
(e)demonstrates that the first secondary applicant has sufficient funds available to meet their own travel expenses and the travel expenses of all additional secondary applicants making a combined application with the first secondary applicant.
(3)The evidence of financial capacity:
(a)is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and
(b)demonstrates that the primary student visa holder’s parent, spouse or de facto partner has a personal annual income that is at least AUD72,592.
(4)If the primary student visa holder is a Foreign Affairs student and has provided a letter of support mentioned in subsection 6(5) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Foreign Affairs and Trade will meet the living costs and expenses of each secondary applicant.
(5)If the primary student visa holder is a Defence student and has provided a letter of support mentioned in subsection 6(6) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Defence will meet the living costs and expenses of each secondary applicant.
(6)If:
(a)the primary student visa holder is a Foreign Affairs student or a Defence student and has provided a letter of support mentioned in subsection 6(5) or (6) of this Part; but
(b)the letter of support does not indicate that the relevant department will meet the living costs and expenses of each secondary applicant;
then the evidence of financial capacity:
(c)demonstrates that sufficient funds are available to meet the costs and expenses of each secondary student visa holder and that the first secondary applicant has sufficient funds available to meet their own costs and expenses, and the costs and expenses of each additional secondary applicant making a combined application with the first secondary applicant, specified in subparagraphs 6(2)(c)(ii) to (iv) of this Part; and
(d)demonstrates that the first secondary applicant has sufficient funds available to meet their own travel expenses and the travel expenses of all secondary applicants making a combined application with the first secondary applicant.
…
10 Evidence of financial capacity
The following forms of evidence of financial capacity are specified:
(a)money deposit with a financial institution;
(b)loan with a financial institution;
(c)government loans;
(d)scholarship or financial support.
11 Pro rata equivalent
In this Part, the pro rata equivalent of annual costs is calculated by:
(a)dividing the annual amount by 365; and
(b)multiplying the resulting number by the number of days the applicant is intending to stay in Australia.

[2021] AATA 769

12 January 2021

Key Legal Topics

Areas of Law

Immigration

Administrative Law

Legal Concepts

Judicial Review

Procedural Fairness

Natural Justice

Statutory Construction