TAMANG (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought by the applicant. The primary dispute before the Tribunal was whether the applicant had demonstrated sufficient financial capacity to meet the costs associated with their studies in Australia, as required by clause 500.214(3) of the Migration Regulations 1994 and Instrument IMMI 19/198.

The Tribunal was required to determine if the applicant had provided evidence of financial capacity in accordance with the specified legislative instruments. This involved calculating the total costs for tuition, travel, and living expenses for the duration of the applicant's intended stay and assessing whether the funds presented by the applicant were sufficient and in the correct form to meet these costs.

The Tribunal calculated the total required funds to be $40,669, comprising $15,000 for tuition fees, $2,000 for travel, and $23,669 for living costs over a 10-month period. The applicant provided evidence of a money deposit held by their aunt in the sum of $66,967, which exceeded the required amount. The Tribunal found that these funds were held in a money deposit with a financial institution, satisfying the requirements of section 10 of IMMI 19/198. Consequently, the Tribunal was satisfied that the applicant met the financial capacity criterion.

Given these findings, 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.