Timilsina (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), where the applicant was required to provide evidence of financial capacity. The decision under review was made by the Tribunal, presided over by Member Wendy Banfield. The core of the dispute revolved around whether the applicant had demonstrated sufficient funds and genuine access to those funds to meet the visa requirements.

The Tribunal was required to determine if the applicant had provided evidence of financial capacity in accordance with clause 500.214(3) of the Regulations, as specified by instrument LIN 19/198. This involved assessing whether sufficient funds were available to cover the applicant's travel, living costs, and tuition fees for the duration of their intended stay, and crucially, whether the applicant had genuine access to these funds.

The Tribunal found that the applicant had submitted a bank statement from NMB Bank Limited Nepal, in the name of Rama Timalsina (the applicant's mother), showing a balance of $32,835.25. This amount exceeded the calculated requirement of $27,715 for the first 12 months, which included tuition fees, living costs, and travel. The Tribunal was satisfied that the applicant had demonstrated sufficient funds and, despite the funds being in the mother's name, a relationship certificate supported the familial connection, leading the Tribunal to be satisfied that the applicant would have genuine access to the funds.

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. The Minister was to consider the remaining criteria for the Subclass 500 (Student) visa.