Revoori (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, where the applicant sought to rely on financial support from his parents. The applicant had provided evidence of funds in his Australian bank account and a statement from his father's overseas bank account. The court was required to determine whether the applicant had provided sufficient evidence of financial capacity in accordance with clause 500.214(3) of the Migration Regulations 1994 and the instrument IMMI 18/010.

The court was required to assess the applicant's financial capacity by considering the required amounts for living costs, tuition fees, and travel expenses, as stipulated by IMMI 18/010. Specifically, the court needed to verify if the funds presented by the applicant adequately covered the calculated total of AUD26,290, comprising AUD20,290 for living costs, AUD5,150 for the remaining tuition fees, and AUD850 for travel expenses. The court also had to consider the evidence of the applicant's parents' financial support, including the balance in his father's overseas bank account.

The court found that the applicant's Australian bank account showed a balance of AUD30,023, which exceeded the total calculated requirement of AUD26,290. The court also noted the additional funds available in the father's overseas account. Based on these findings, the court determined that the applicant met the financial capacity criteria for the visa. Consequently, the court remitted the application to the Minister for reconsideration, with a direction that the applicant satisfied the financial capacity requirements under clause 500.214 of Schedule 2 to the Regulations.