Singh (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Mr Singh. The Minister had required Mr Singh to provide evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Migration Regulations 1994. The delegate expressed concerns regarding the origin and nature of the funds provided, which were stated to be from Mr Singh's parents. The Administrative Appeals Tribunal, constituted by Member Justin Meyer, was required to determine whether Mr Singh had provided sufficient evidence of financial capacity to meet the requirements of the visa subclass.

The Tribunal was tasked with assessing whether Mr Singh had demonstrated genuine access to funds sufficient to cover his outstanding course fees, living expenses, and travel costs, as well as considering the source and nature of these funds. The relevant financial capacity instrument, IMMI 18/010, outlined the specific requirements for demonstrating financial capacity, including the need for sufficient funds to cover specified costs and expenses. Mr Singh had provided evidence of a significant compensation payment from a WorkSafe Victoria claim, as well as declarations from his parents regarding their fixed deposits in India and their willingness to provide him with full access to these funds.

The Tribunal found that Mr Singh had provided evidence of a total required amount of AUD27,290, comprising AUD6,000 for outstanding course fees, AUD20,290 for pro rata living costs, and AUD1,000 for travel costs. It noted that Mr Singh had access to AUD31,743.16 held by his parents and approximately AUD86,000 in his own bank account from his WorkSafe compensation payment. The Tribunal was satisfied that Mr Singh had demonstrated genuine access to these funds and that he met the requirements of clause 500.214(3) and clause 500.214(1) of the Regulations. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that Mr Singh met the financial capacity criteria for a subclass 500 Student visa.