Sukhvir Singh (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by Sukhvir Singh. The applicant sought review of a decision made by the Minister regarding his financial capacity. The court was required to determine whether the applicant had provided sufficient evidence of financial capacity in accordance with clause 500.214(3) of the relevant regulations and the associated financial capacity instrument, IMMI 18/010.

The applicant was enrolled in an Advanced Diploma of Leadership and Management course with approximately 333 days remaining. The total funds required, calculated by the Tribunal, amounted to AUD 25,097, comprising living costs, outstanding tuition fees, and travel expenses. The applicant claimed to be supported by his father, his sister in Australia, and his earnings from a part-time job. He provided an affidavit from his father and letters from an Indian bank detailing fixed deposits with terms extending beyond the applicant's course duration. However, no evidence of funds transferred to Australia was submitted.

The Tribunal considered the evidence as a whole and concluded that the applicant likely supported himself financially, with potential assistance from his sister. It accepted that the applicant's father was aware of the financial requirements and willing to provide support, and that the applicant had successfully completed previous courses. On balance, the Tribunal found that the applicant had demonstrated access to sufficient funds for the duration of his studies. Consequently, the Tribunal remitted the application 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.