Shahnawaz (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by Mohammad Shahnawaz, with his spouse Mumtaz Benazir Begum and child as secondary applicants. The primary dispute revolved around whether the applicants had provided adequate evidence of financial capacity as required by clause 500.214 of Schedule 2 to the Migration Regulations 1994. The decision was made by Wendy Banfield, a Member of the Tribunal.

The Tribunal was required to determine whether the applicants had provided evidence of financial capacity in accordance with clause 500.214(3) of the Regulations, as elaborated by LIN 19/198. Specifically, the Tribunal had to assess if the funds presented were in the specified form, if the amount was sufficient to meet the travel, living, and course costs for the remaining duration of the primary applicant's course, and crucially, whether the applicants would have genuine access to these funds. The Tribunal also considered the criteria for secondary applicants under clause 500.311.

The Tribunal found that the applicants had provided evidence of funds totalling $45,028.77 held in a Commonwealth Bank account by the secondary applicant, which was in the specified form of a money deposit with a financial institution. The Tribunal calculated the required amount to cover living costs, remaining tuition fees, and travel expenses for the family for the remaining 153 days of the primary applicant's course to be $31,705. It was satisfied that the available funds exceeded this amount and that the applicants would have genuine access to them, as they were held in an Australian financial institution. The Tribunal also found that the secondary applicants met the criteria under clause 500.311.

Consequently, the Tribunal remitted the applications for the Subclass 500 (Student) visas to the Minister for reconsideration, with a direction that the applicants had met the financial capacity criteria under clause 500.214 and the family unit criteria under clause 500.311. The Minister was to consider any remaining criteria for the grant of the visa.