SALEEMI (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the applicants' eligibility for a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicants had satisfied the financial capacity requirements stipulated by the *Migration Regulations 1994* (Cth) and associated instruments.

The Tribunal was required to determine if the applicants had provided sufficient evidence of genuine access to funds to meet the costs and expenses associated with their intended stay in Australia, as mandated by clause 500.214 of Schedule 2 to the Regulations. Specifically, the Tribunal had to assess whether the documentation provided, including details of a bank account held by the applicant's father, met the requirements outlined in IMMI 18/010, which specifies acceptable forms of evidence for financial capacity.

The Tribunal considered the alternative pathways for demonstrating financial capacity under clause 500.214(3). While the applicant had not provided evidence of a parent's annual personal income of at least AUD60,000, they did provide details of a Pakistani bank account in the father's name containing 3,500,150 PKR (equivalent to $38,345.15) and an Australian Commonwealth Bank account in the applicant's name with $11,300.38. Clause 10 of IMMI 18/010 lists "money deposit with a financial institution" as an acceptable form of evidence. The Tribunal found that the combined funds in these accounts, presented as evidence of a bank deposit in the father's and applicant's names, satisfied the requirements of clause 500.214(3).

Consequently, the Tribunal remitted the applications for the Subclass 500 (Student) visa to the Minister for reconsideration. The remittal was made with the direction that the first named applicant had met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations.