Siima (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant provided evidence of her mother's income from the Ugandan High Commission and bank statements showing funds held by her godfather, Henry Price. The Tribunal was required to determine whether the applicant met the financial capacity requirements under clause 500.214 of Schedule 2 to the Regulations, specifically whether she had sufficient funds available and genuine access to those funds.

The Tribunal considered the requirements of clause 500.214, which mandates evidence of financial capacity as set out in IMMI 18/010. This instrument requires applicants to demonstrate sufficient funds for travel, living costs, and course fees for the first 12 months of study, and that they have genuine access to these funds. The applicant provided documentation showing her mother's monthly income of $US3787 and a bank balance of $175216 in her godfather's account. The Tribunal was satisfied that these funds met the requirements of IMMI 18/010, covering the applicant's estimated costs of $31290 for the first 12 months of study. Furthermore, the Tribunal was satisfied that the applicant had genuine access to these funds, as evidenced by her godfather's statement regarding reimbursements for expenses paid on her behalf.

Based on these findings, the Tribunal concluded that the applicant met the criteria under clause 500.214 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 500 (Student) visa.