Subburaman (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant was required to provide evidence of financial capacity in accordance with clause 500.214(3) of the relevant instrument. The Tribunal was tasked with determining whether the applicant had provided sufficient evidence of financial capacity and genuine access to those funds.

The legal issues before the court were whether the applicant had demonstrated sufficient funds to meet the required costs and expenses for their intended stay in Australia, and whether they had genuine access to those funds, as stipulated by the migration regulations. The applicant's intended stay was calculated to be 185 days, requiring a total of AUD 18,165 for living costs, outstanding course fees, and travel expenses.

The court reasoned that the applicant had provided evidence of a Commonwealth Bank account with a balance of AUD 22,755.38, which exceeded the required amount. This balance was comprised of personal funds and a student loan facility of INR 2,000,000 (approximately AUD 41,475), of which the applicant had drawn the full amount and deposited into their Australian bank account. The court found that this demonstrated both sufficient funds and genuine access to them.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the financial capacity criteria under clause 500.214 of Schedule 2 to the Regulations.