Quan (Migration) - [2024] ARTA 71

DECISION AND
REASONS FOR DECISION
Quan (Migration) [2024] ARTA 71 (18 November 2024)
Applicant:Mrs Thi Quyhn Quan
Respondent:  Minister for Home Affairs
Tribunal Number:  2406643

Tribunal:General Member P Hunter
Place:Sydney
Date: 18 November 2024
DECISION:The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – access to sufficient funds – husband’s bank records provided – inconsistent evidence of enrolments, course progress and fees paid – no evidence of transfers from husband provided – authenticity of bank records – decision under review affirmed
LEGISLATION
Migration Act 1958 (Cth), ss 65, 359AA
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 18 March 2024 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under s 65 of the Migration Act 1958 (Cth) (the Act).
The visa applicant applied for the visa on 18 August 2023. 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 the applicant had not provided evidence to satisfy the delegate that she had access to sufficient funds to meet her costs and expenses during the period of her extended stay in Australia.
The applicant appeared before the Tribunal on 10 October 2024, via MS Team video to give evidence and present arguments. The Tribunal also received oral evidence from the applicant’s husband, MR Quach Cong Hieu via video from Vietnam. The Tribunal hearing was conducted with the assistance of an interpreter in the Vietnamese and English languages.
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 whether the applicant has genuine access to funds and satisfies cl 500.214 of Schedule 2 to the Regulations.
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), by request dated 13 February 2024. The applicant did not respond to this request.
On review before the Tribunal, prior to the hearing, the applicant has submitted the following additional material:
·Statement of the applicant.
·A Confirmation of Enrolment (CoE) in a course of General English with course dates from 28 August 2023 to 25 August 2024, created on 3 August 2024.
·CoE in a Certificate IV in Business with course dates from 26 August 2024 to 24 August 2025,created on 3 August 2023.
·A CoE in a Diploma of Business with course dates from 25 August 2025 to 23 August 2026, created on 3 August 2023.
·Receipts from TopOne Tutoring Pty Ltd, regarding tuition fees for the period August 2023 to November 2023, November 2023 to February 2024, February 2024 to May 2024, May 2024 to August 2024.
·Statement of Quach Cong Hieu, the applicant’s husband regarding financial support.
·Marriage certificate of the applicant and Quach Cong Hieu.
·Citizen Identity Card of Quach Cong Hieu.
·Sacombank Account Statement for Quach Ncog Hieu for the period dated 26 July 2024.
·Certificate of Business Registration for Business Household.
·Receipts of Delivery and Payment, addressed to Quach Cong Hieu Business Household, 22 January 2024 to 22 July 2024.
·Goods Supply Contract dated 20 March 2022.
·Certificates of Payment into the State Budget, Quach Cong Hieu, taxpayer.
·Letter of explanation from the Sacombank dated 3 August 2024 and translation.
·Sacombank Account Statement for Quach Cong Hieu for the period 1 January 2024 to 25 July 2024.
The Tribunal also had before it the Provider Registration and International Student Management System (PRISMS) records for the applicant. The Tribunal discussed these records with the applicant at hearing and where relevant has set out the evidence received in relation to those records at the hearing. At the hearing the applicant provided the following evidence (in summary):
i.The applicant was asked whether the CoE’s she had provided to the Tribunal were for the courses she was currently studying. She said they were and that she had not obtained any new enrolments. She also claimed she was still studying her English course and she said that she had commenced the course in August 2023. The applicant was also asked when she was going to progress to her Business course and she responded that her English was not very good and that she did not know yet when she would move on to her Business course. The applicant was asked to again confirm that she was relying on the CoE’s she had submitted to the Tribunal as evidence of the courses she was proposing to undertake because that was important for the calculation of the financial resources she required under the Instrument. It was identified to her that they were a course in General English, a Certificate IV in Business and a Diploma of Business and she confirmed this was correct.
ii.Pursuant to the provisions of s 359AA of the Act, as it was, the Tribunal identified to the applicant that it had before it a copy of her PRISMS records which contained records of her enrolments in courses of study in Australia. The relevant information identified to the applicant was that her PRISMS records documented that her original CoE’s in General English, the Certificate IV in Business and the Diploma of Business were cancelled due to non-commencement of study and instead she obtained new enrolments in a course of General English and a Diploma of Business and this study commenced on 22 July 2024. It was identified to the applicant that her PRISMS records were not consistent with her evidence, and if relied upon the Tribunal may have some concern about the reliability in her evidence, which may form a basis for the decision under review being affirmed
iii.The applicant replied immediately and she said that she did not know why PRISMS recorded difference courses. She said that she had not changed her enrolments and she did not extend her enrolment in English. However, she identified that a month earlier her course fees had increased. The applicant was asked to explain why she had presented receipts for fees paid from TopOne Tutoring Pty Ltd when it was her evidence that she was attending the Metro Institute for her studies. The applicant said that last year she had made her tuition payments through an education agent and had transferred Vietnamese currency directly to them. After that period, she did not do than anymore, as her English had improved a little and she had made cash payments directly to her education provider. They gave her the receipts. She was asked whether she had any of those receipts, and she said that she had given them to her lawyer to submit to the Tribunal. It was identified to the applicant that the Tribunal did not have before it any receipts for the payment of fees to the Metro Institute and she was invited to submit them to the Tribunal following the hearing.
iv.The applicant said that she had been consistently attending her education provider to study English four days a week. The Tribunal identified to the applicant that according to the CoE’s she has submitted she should have completed her English course on 3 August 2024, and she was asked whether she had any evidence of completion of the course. She said that she did not have any evidence of completion and the reason was because she had lost contact with the education agent who was originally supporting her with her studies and she was unable to obtain any information about her initial period of study. The Tribunal asked the applicant why she could not obtain this information directly from her education provider, and she was invited to provide information from Metro Institute regarding her enrolment in English, the duration, her attendance and her payments following the hearing. She confirmed she would obtain the required documents and submit to the Tribunal.
v.It was further identified to the applicant that if the CoE that she was relying upon is correct she should now be studying the Certificate IV in Business. The applicant said that she was studying English. The Tribunal identified to the applicant that it was concerned about the reliability of the evidence before it. It was identified that the applicant’s evidence was not consistent with the CoE’s that she had submitted. The Tribunal had concerns that either her evidence was not correct, or a third party was not presenting correct documents about her study. Further, her PRISMS records as previously explained to her were also not consistent with the CoE’s she had submitted and her oral evidence. The Tribunal told the applicant that she would be provided with leave to submit further material following the hearing from her education provider. It identified to the applicant that the Tribunal for the purposes of the assessment needed to be satisfied as to what she was studying, that they were registered courses and the duration of her courses.
vi.The applicant was asked how she had obtained the money to pay for fees to date. She said that her husband had sent her cash to her bank account. The Tribunal asked the applicant if that was an account in Australia of Vietnam and she said that her husband sent her cash to a Vietnamese account and she converted it to Australian currency. It was identified to the applicant that the Tribunal had estimated the costs she was required to demonstrate were estimated to be $21,041 for living costs, course fees of $8,000 and travel costs of $800. Together the estimate was $29,000, depending on the Tribunal being satisfied as to the status of her enrolments. The applicant confirmed that she was relying on the funds her husband held in the Sacombank. She was asked whether any of the transactions shown in the statement were evidence of funds transferred to her for the purpose of her studies and she confirmed that they were. The applicant was asked to identify relevant transactions to the Tribunal in her submissions following the hearing.
vii.Mr Quach Cong Hieu provided evidence to the Tribunal at the hearing that he would support the applicant during her studies. He said that the money to support the applicant in her studies came from his family business which was involved in the supply of construction material. He was questioned why the statement was issued in a different name originally by the bank. He said that it was a bank error that they had explained. He identified that he transferred funds to his wife from his bank account for the purposes of her studies and he further confirmed that the relevant funds were transferred from his Sacombank account, for which statements had been presented to the Tribunal. He confirmed that records of those transfers should be able to be identified in the statement. The Tribunal noted that there were around 229 transactions set out in the statement and he was asked to work with the applicant to highlight relevant transfers for the Tribunal.
viii.The Tribunal again identified to the applicant that further evidence of her courses, the duration, her payments to date and funds transferred to her for the purposes of study were required. The Tribunal identified that it had concern about the reliability of the information before it. Leave was given to submit this information by 24 October 2024.
On 23 October 2024, the applicant submitted a receipt purportedly issued by Metro Institute for $2,000 and a statement. In her statement the applicant set out the following:
i.During her studies at the Metro Institute her husband took on the financial responsibility for her expenses and he worked with her previous agent to assist her in paying her tuition fees. They had paid her tuition and sent her daily living expenses through reliable money transfer services.
ii.To demonstrate that she had fulfilled her study obligation she had requested a confirmation letter from her school. This letter will indicate that she had attended all her classes and paid tuition and provide necessary information regarding her academic status.
iii.She had also complied invoices relating to her tuition payments which she was more than willing to provide.
iv.After completing her course, expected in June 2026 she planned to return to Vietnam, to be with her husband and develop their business.
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 Migration (LIN 19/198: Evidence of financial capacity – Subclass 500 Visa and Subclass 590 Visa) Instrument 2019 (the Instrument), which is attached to this decision.
The applicant has provided details of funds held by her husband, Quach Cong Hieu, in the Sacombank. A money deposit with a financial institution satisfies the requirement of cl 10 of the Instrument.
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 Instrument specifies that the applicant must demonstrate sufficient funds to meet the identified costs and expenses for herself, and if necessary, any member of her family unit, as follows:
·Living costs; and
·Course fees; and
·Travel expenses.
Living Costs
The living costs as set out in the Instrument at the time of the visa application were $21,041.00 for a period of 12 months or more. The applicant is married with a child, but she has not included her husband and child as accompanying visa holders in the visa application. She is therefore currently only required to demonstrate living costs for herself.
According to the CoE’s submitted to the Tribunal the applicant has completed her English course, is currently undertaking the Certificate IV in Business and will conclude her studies with the Diploma of Business in August 2026. She has not submitted a letter from her education provider, as requested, that these enrolments remain current.
The applicant’s evidence at hearing is that she is still studying her English course. But in any event her evidence at hearing, and in her post hearing submissions, was that she intends to continue to study until August 2026.
According to the PRISMS records the applicant the enrolments that she submitted to the Tribunal in had been cancelled and she has the currently the following valid enrolments:
·General English (FB402A13) with course dates from 22 July 2024 to 23 November 2025.
·Diploma of Business from 19 January 2025 to 17 January 2027.
On any view of the evidence the applicant intends to remain in Australia for a period of 12 months or more from the date of this decision and is required to demonstrate the full 12 months of living costs in the sum of $21,041.00.
Course Fees
The calculation of course fees is considerably more difficult for the Tribunal. Despite being provided with additional time following the hearing to submit evidence from her education provider as to her courses and payments, the Tribunal has only been provided with a receipt from the Metro Institute for English Tuitions deposit Term 4 2024. The applicant refers to a letter being provided in statement, no further material was submitted at the time of her statement or prior to the Tribunal decision. The Tribunal has not been provided with further material from the applicant’s education provider post hearing, as requested, which sets out what she has studied, the duration, the cost of the course and fees paid to date.
According to the PRISMS website, the Department of Education, Skills and Employment is responsible for the Commonwealth Register of Institutions and Courses for Overseas Students. It is recorded that PRISMS is a computer system developed by the Department in association with the Department of Home Affairs for the purpose of receiving and storing information about accepted overseas students that is given to the Secretary under the ESOS Act. It is further noted that PRISMS provides a secure system for providers of registered educational institutions to comply with legislative requirements by issuing confirmations of enrolments as ‘evidence of enrolment’ in a registered full-time course as required by the Department of Home Affairs and reporting changes in course enrolment, particularly where study ceases, or the duration of the study changes. While it is possible providers may not update PRISMS as required, the Tribunal accepts that PRISMS is a reliable record of enrolments unless there is specific evidence to the contrary in relation to a particular case. The contrary evidence in this case is the applicant’s insistence at hearing that the CoE’s she has submitted to the Tribunal are valid. Even this was difficult to reconcile with her evidence that she was still studying English.
Ultimately she has not submitted evidence that she has completed her English course in accordance with her CoE. She has also not provided evidence of the duration of her English studies at Metro Institute or a proper course description.
The applicant’s oral evidence at hearing was in some way consistent with her PRISMS records that she was continuing to study English. In the assessment of the Tribunal the reliance on the PRISMS records, which also supports the claim that the applicant remains enrolled and is continuing to study English, is also the most a beneficial interpretation of the evidence before it. It will therefore proceed on the assessment of her course fees on this basis.
According to the Instrument, if the duration, or the remainder of the applicant’s period of study in Australia is more than 12 months at the time of application, the applicant is required to demonstrate funds for course fees for the first 12 months of the period of study. Furthermore, according to the note at item (2)(iii) of the Instrument, 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 course of study:
a)If the applicant’s first course of study commenced after the date of application – on the first date of the first course of study.
b)If the applicant’s first course of study commenced before the date of application – on the date of application.

The Tribunal prefers the information contained in her PRISMS records and finds that given she did not commence her initial enrolment in English. Her first course is the course that she started on 22 July 2024, General English (FB402A13). The applicant is assessed as being required to demonstrate fees for the first 12 month period of her study.
The General English course (FB402A13) is a 16 month course from 22 July 2024 to 23 November 2025 at a total cost of $12,000. The first 12 months period is assessed to cost the sum of $8,857.05.[1]
[1] $12,000 ÷ 489 x 365
Additionally, according to the Instrument, the amount to demonstrated is minus any course fees that the applicant has already paid. The Tribunal has considered the receipt submitted by the applicant for the payment of $2,000 in fees. This receipt is dated 24 November 2024, and was provided to the Tribunal on 23 October 2024. While it contains the ABN and name of the Metro Institute it has no other identifying details such as the course identity, General English course (FB402A13), no address or logo of the education provider, there is no CRICOS Provider number or RTO ID. The Tribunal is not satisfied that it can be relied upon.
The applicant has also submitted receipts for tuition fees from TopOne Tutoring Pty Ltd. These receipts cover the period from August 2023 to August 2024. On the information before the Tribunal, and confirmed by the applicant at hearing, she is undertaking her studies at the Metro Institute, CRICOS Provider 03665A. There is no record of the applicant having been enrolled in a registered course with Topone Tutoring Pty Ltd. The Tribunal is not satisfied that these receipts can be relied upon for the assessment of course fees pursuant to the Instrument.
The CoE that the Tribunal has obtained through the applicant’s PRISMS records shows that she has already made payment of $1,500 in initial tuition fees. As set out above the Tribunal prefers the evidence contained in the applicant’s PRISMS records. Consequently, the Tribunal finds that the applicant has made payment of only $1,500 towards her course fees.
It follows that the Tribunal finds that the applicant is to demonstrate a remaining $7,357.05 course fees in relation to General English course.
Travel Costs
This item is for the cost of the applicant travelling to return to their home country from Australia at the conclusion of her visa. The travel costs to Vietnam can vary but the reasonable costs are estimated by the Tribunal in the sum of $800 for a single trip for the applicant.
Total travel costs are therefore assessed as $800.00.
Total expenses
In accordance with Instrument, the Tribunal finds that costs and expenses that the applicant is required to demonstrate are;
Living costs                $21,041.00
Course fees               $7,357.05
Travel expenses        $800.00
Total   $29,198.05
The applicant is relying on the funds held by her husband in his business account with the Sacombank. As of 25 July 2024, this had a closing balance of VND 1,266,211,386 (AUD 77,223.64)[2]. This is greater than the funds that the Tribunal has calculated the applicant is required to demonstrate.
[2] 1,266,211,386 VND to AUD - Vietnamese Dongs to Australian Dollars Exchange Rate
It follows that 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 applicant and Mr Quach Cong Hieu claimed at the hearing that money was being transferred from the Sacombank to the applicant for her living costs. They both confirmed that transactions detailed in the statement already provided to the Tribunal would be evidence of these money transfers. The applicant was provided with leave following the hearing to identify relevant transfers. She has not provided post hearing any further evidence to identify relevant transfers from this account. The Tribunal is unable to identify in the statements any transfers to the applicant. In this regard the Tribunal has reviewed both the statement dated 26 July 2024 in the name of Quach Ngoc Hieu and that dated 27 July 2024 in the name of Quach Cong Hieu, noting that some of the pages are not in numerical order.
Post-hearing, the statement of the applicant is that her husband had worked with her previous agent to send her living expenses through reliable money transfers. The Tribunal has not been provided with evidence of money transfers to her previous agent, nor has the name of her previous agent been specifically identified. On reviewing the relevant statements, the Tribunal also not identified any transfers to TopOne Tutoring, Metro Institute, or any other entity that may be related to the applicant’s studies. The applicant has no lawyer or education agent that she has identified to the Tribunal as assisting her with her review application, the Tribunal was unable to discern an entity in the Sacombank statement that may be a lawyer or education agent.
The applicant also referred in her submissions to future Western Union money transfers. There are no receipts for funds transfers from Western Union that have been submitted that the Tribunal can place any weight on.
The Tribunal’s concern about the status of her evidence at hearing was clearly explained to the applicant at hearing. The applicant and her husband were asked to identify relevant transactions relating to the transfer of funds and submit that evidence following the hearing. It is considered that 14 days is a reasonable time to have undertaken this review of the statement from the Sacombank provided. The fact that the evidence changed post hearing to secure money transfers to the education agent and future Western Union transfers raises concerns about the reliability of the claim that the funds in the Sacombank account are available to the applicant for the purposes of her study.
It follows that the Tribunal is not satisfied that the applicant has demonstrated that she will have genuine access to the funds that she claims to be relying on for her support.
Furthermore, the Tribunal also has concerns about the reliability of the bank statement submitted by the applicant for her husband’s account with the Sacombank. The relevant statement was not initially issued in the correct name for the applicant’s husband. The Tribunal acknowledges that it has been provided with a letter of explanation purportedly from the Sacombank, however the fact that a statement would be issued with the wrong customer’s name by a reputable bank is highly irregular. The letter of explanation refers to a request for information received on 27 July 2024, and during the process of providing that information a mistake was made extracting the account statement. In fact, the account statement of 26 July 2024 is in the incorrect name not that the one provided to the Tribunal in August 2024 which is dated 27 July 2024. The Tribunal also notes that the explanation letter purported to have been provided by the bank is all type an contains no letterhead from the Bank, as would be expected from an official business letter. As part of being satisfied that applicant will have genuine access to funds, the Tribunal must also be satisfied that the documents setting out the funds are genuine. These discrepancies, when considered with the overall unsatisfactory nature of the evidence provided to the Tribunal unsatisfied that reliance can be placed on the statement. Particularly, when combined with the inconsistencies in the applicant’s enrolments, the inconsistencies in relation to the payments of course fees and the changing evidence as to how funds are available to the applicant. In totality, these matters add to the finding that the Tribunal is not satisfied that the applicant will have genuine access to funds.
As the Tribunal is not satisfied the applicant will have genuine access to the funds, cl 500.214(1) is not met.
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) visa.
Date(s) of hearing: 10 October 2024
Attachment – LIN 19/198 – Financial capacity instrument (extract)
6Subclause 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.
7Subclause 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.
8Subclass 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.
…
10Evidence 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.
11Pro 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.