Singh (Migration)

This matter concerned an appeal by an applicant for a Subclass 500 (Student) visa. The applicant, a 23-year-old from India, had been in Australia since 2013 and had completed several vocational qualifications. The core of the dispute revolved around whether the applicant had demonstrated genuine access to sufficient funds to meet the costs and expenses of their intended stay in Australia, as required by clause 500.214 of the Migration Regulations 1994.

The legal issues before the court were whether the applicant had provided sufficient evidence of financial capacity in accordance with the requirements of clause 500.214(3) and the associated financial capacity instrument, IMMI 18/010. Specifically, the court had to determine if the applicant had demonstrated genuine access to the necessary funds to cover living expenses and course fees for their intended period of study in Australia.

The court found that while the applicant had initially failed to provide adequate evidence of financial capacity to the Department, they subsequently submitted documentation to the Tribunal. This included evidence of a $16,000 transfer from India and, post-hearing, bank statements showing a balance of $18,879.05. The Tribunal calculated that this balance, after accounting for course fees and a pro-rata living cost requirement for the remaining 207 days of study, met the minimum threshold of $11,506.93. Despite some concerns about the applicant's study intentions, the Tribunal was ultimately satisfied that the financial criteria were met.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the financial criteria under clause 500.214. The decision under review was to be affirmed based on this finding.