Raval (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by an applicant whose financial capacity was assessed by the Administrative Appeals Tribunal. The applicant provided documentation including a statement of support for $38,000, bank statements showing a balance of $25,244, and confirmation of enrolment for a Master of IT course with remaining fees of $10,350. The applicant also indicated an intention to remain in Australia for 207 days and return home thereafter, with a noted discount on tuition fees due to COVID-19.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity in accordance with cl.500.214 of Schedule 2 to the Migration Regulations 1994 and the requirements of LIN 19/198. This involved determining if the applicant had demonstrated genuine access to funds to cover the calculated costs of living, tuition fees, and travel expenses for the duration of their intended stay.

The Tribunal found that the applicant had provided evidence of genuine access to funds amounting to in excess of the required $23,282, which was calculated as $11,932 for living costs, $10,350 for tuition fees, and $1,000 for airfare. Based on this assessment, the Tribunal was satisfied that the applicant met the requirements of cl.500.214(1), (2), and (3). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the specified criteria.