TALUKDAR (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by the applicant. The applicant sought review of a decision made by the Minister, which required the applicant to provide evidence of financial capacity in accordance with clause 500.214(3) of the Migration Regulations 1994. The Tribunal was tasked with determining whether the applicant had provided sufficient evidence of financial capacity to meet the course fees, living costs, and travel expenses associated with the applicant and their spouse.

The primary legal issue before the Tribunal was whether the evidence provided by the applicant satisfied the financial capacity requirements stipulated by clause 500.214(3) and the associated instrument, IMMI 18/010. This involved assessing the total calculated costs for the applicant and their spouse, and then determining if the funds presented by the applicant, held in bank deposits, were sufficient and in the correct form as specified by the instrument. The Tribunal also considered the financial support statement provided by the applicant's brother.

The Tribunal calculated the total required funds to be $35,450, comprising course fees of $6,210, living costs of $27,240, and travel costs of $2,000. The applicant presented evidence of funds totalling $80,801, held in a Commonwealth Bank account and an account in Bangladesh. The Tribunal found that these funds were held in money deposits with financial institutions, satisfying section 10 of IMMI 18/010. Consequently, the Tribunal was satisfied that the applicant met the financial capacity criterion under clause 500.214(3).

Given these findings, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the first named applicant meets the financial capacity criteria for a Subclass 500 (Student) visa.