SINGH (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), brought before the Tribunal by the applicant. The core dispute revolved around whether the applicant had demonstrated genuine access to sufficient funds to meet the financial requirements for the visa, as stipulated by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if the applicant satisfied the financial capacity requirements under clause 500.214 of Schedule 2 to the Regulations. Specifically, this involved assessing whether the applicant had provided sufficient evidence of available funds to cover living costs, travel expenses, and course fees for the first 12 months of their intended stay in Australia, and crucially, whether the applicant had genuine access to these funds.

The Tribunal found that the applicant had provided evidence of a study loan from a bank, a CBA bank account with a substantial balance, and proof of his father's financial capacity. It also noted the applicant's employment in Australia. Based on this evidence, the Tribunal was satisfied that the applicant met the financial capacity requirements under clause 500.214(3) and had genuine access to the funds. Consequently, the Tribunal remitted the application to the Minister for consideration of the remaining visa criteria.