Singh (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by an applicant whose financial capacity was assessed by the Tribunal. The applicant provided evidence of funds held in a bank account by his father, Mr Harwinder Singh, and copies of tax returns for his parents, Ms Balwinder Kaur and Mr Harwinder Singh, along with affidavits of support from them. The Tribunal was satisfied that this evidence met the requirements of cl.500.214(3) of Schedule 2 to the Regulations.

The legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity in accordance with cl.500.214(3) and the associated financial capacity instrument, IMMI 18/010. This instrument specifies the forms of evidence required, including official government documentation of personal income issued within the 12 months prior to the application, and that the applicant's parent, spouse, or de facto partner must demonstrate a personal annual income of at least $60,000 if there are no secondary applicants, or $70,000 if there are secondary applicants. The evidence provided included a bank statement showing a deposit of approximately $50,783 AUD and joint gross income of approximately $11,981 AUD.

The Tribunal reasoned that the evidence presented, comprising the bank deposit and parental income, satisfied the requirements of cl.500.214(3) and IMMI 18/010. Having found that the applicant met this specific criterion, the Tribunal determined that the appropriate course of action was to remit the application to the Minister for reconsideration of the remaining criteria for the subclass 500 visa. The Tribunal directed that the applicant met cl.500.214(3).