Schindler Noguerol Fernandez (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by the applicant, Schindler Noguerol Fernandez. The Minister had required the applicant to provide evidence of financial capacity in accordance with clause 500.214(3) of the relevant instrument. The Tribunal was tasked with determining whether the applicant had provided sufficient evidence to satisfy this criterion, as well as whether sufficient funds were available to meet the applicant's costs and expenses and whether the applicant had genuine access to those funds.

The Tribunal considered the requirements for demonstrating financial capacity, which included evidence of course fees and living expenses for a period of 365 days, totalling AUD 21,290. The applicant had provided evidence of course fee payment and demonstrated a credit balance of AUD 16,302.46 in his bank account. The remaining shortfall of AUD 4,987.54 was addressed by a signed statement from his parents, who pledged their financial support and indicated that the applicant had full access to their bank account for emergencies. A certified translation of his father's bank statement, showing a balance of AUD 5,072.32, was also provided.

Based on the evidence presented, the Tribunal was satisfied that the applicant met the financial capacity requirements under clause 500.214(3) and that sufficient funds were available to meet the costs and expenses associated with holding the visa, as well as demonstrating genuine access to those funds. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 500.214 of Schedule 2 to the Regulations.