Perez (Migration) - [2025] ARTA 1645

PEREZ (MIGRATION) [2025] ARTA 1645 (5 AUGUST 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Ms Mary Jean Perez
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2503237

Tribunal:General Member W Banfield
Place:Canberra
Date: 5 August 2025
Decision:The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.214 of Schedule 2 to the Regulations.

Statement made on 05 August 2025 at 2:23pm
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – evidence of genuine access to sufficient funds – second cousin/sponsor’s income statements and bank records – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.214
STATEMENT OF REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 6 January 2025 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
The applicant applied for the visa on 26 April 2024. 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 delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl 500.214 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because they were not satisfied the applicant would have genuine access to sufficient funds to meet the financial criteria for the grant of the visa.
The applicant appeared before the Tribunal on 14 July 2025 to give evidence and present arguments. The Tribunal also received oral evidence from the applicant’s financial sponsor, Pauline Montanez.
Prior to and following the hearing, the applicant submitted the following updated evidence:
·Confirmation of Enrolment (COE) for a Graduate Diploma of Management (Learning) from 11/08/2025 to 08/08/2027.
·Statutory declaration of Pauline Montanez dated 1 August 2025.
·Philippines birth certificate of Pauline Montanez.
·Australian passport biometric information of Pauline Montanez.
·Payslips and tax statements issued to Pauline Montanez.
·Statutory declaration of Mark Cunavan dated 1 August 2025.
·Statutory declaration of Christina Llamado dated 30 July 2025 with Philippines birth certificate and New South Wales change of name certificate.
·Details of Perez family tree explaining the familial relationship between the applicant and Pauline Montanez.
·Commonwealth Bank statement in the name of Pauline Montanez.
The applicant and her authorised representative Ms Montanez attended the Tribunal hearing to provide evidence in support of the application for review.
The Tribunal was advised that the applicant wishes to apply for a Subclass 485 Temporary Graduate visa after completing an Advanced Diploma of Hospitality Management. However, at the time of the hearing she was no longer enrolled in a course of study. The applicant had the assistance of her cousin Pauline Montanez but was not represented by a migration lawyer or agent. The Tribunal explained to the applicant that to be granted a Student Visa she must be enrolled currently in a registered course of study. The Tribunal allowed the applicant time after the hearing to provide updated and current evidence.
For the following reasons, the Tribunal sets aside the decision under review and remits the visa application for reconsideration.
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 whether the applicant meets the financial criteria for the grant of a student visa.
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.
The applicant provided evidence of financial capacity in the form of bank statements and income statements in her name, and those of her financial sponsor Pauline Montanez. The Tribunal is satisfied the evidence is in the specified form and shows sufficient funds to meet the applicant’s living costs and travel expenses.
On the basis of the above, the Tribunal is satisfied that the applicant meets cl 500.214(3).
Are there sufficient funds available to meet costs and expenses while the applicant holds the visa?
The applicant is required to have sufficient funds to pay for her course fees for first 12 months of study. As the applicant has completed more than 12 months of study, that period has passed. Based on her current enrolment, the applicant is required to provide evidence of sufficient funds to pay her living costs and expenses for 365 days, and her outbound travel expenses comprising one return flight to her home country.
The Tribunal calculates the applicant is required to demonstrate access to $25,505 for her daily expenses for 12 months and travel costs to return to the Philippines. The applicant has provided Commonwealth Bank evidence in the name of her cousin Pauline Montanez to the Tribunal. Ms Montanez has one Commonwealth account number xxxx 6834 with a balance of $111,338.15 and an account number xxxx 0201 with a credit amount of $22,389.92 Ms Montanez is employed as an HR professional and receives a significant salary that is deposited into her Commonwealth Bank account. Based on the income statements in the name of the applicant’s financial sponsor, the Tribunal is satisfied there are sufficient funds to meet the costs and expenses of the applicant while she holds the visa.
The applicant provided a written statement to the Tribunal indicating she is employed part-time and has her own savings account in Australia.
For these reasons, the Tribunal is satisfied that the applicant meets cl 500.214(2).
Will the applicant have genuine access to the funds?
To meet cl 500.214(1), the Tribunal must also be satisfied that the applicant will have genuine access to the funds referred to above.
The Department delegate found the applicant provided limited evidence of the relationship between the applicant and her proposed financial sponsor. Therefore, the delegate was not satisfied the sponsor would be providing the funds to the applicant while she is in Australia. The Tribunal was advised the applicant and Ms Montanez are second cousins. A submission explaining the family relationship was provided, as well as birth certificates and information about extended family supports that are common in the Philippines.
After assessing and weighing the evidence, the Tribunal accepts applicant and her financial sponsor have a family relationship and that Ms Montanez is willing to continue supporting the applicant. Based on the financial evidence provided, the Tribunal is satisfied Ms Montanez has the ability and the means to provide the required funds.
As the Tribunal is satisfied the applicant will have genuine access to the funds, cl 500.214(1) is met.
Accordingly, the Tribunal is satisfied that the applicant meets cl 500.214.
Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.
DECISION
The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
·cl 500.214 of Schedule 2 to the Regulations.
Dates of hearing(s): 14 July 2025
Representative for the Applicant: Ms Pauline Montanez