Virender Singh (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant, Virender Singh, sought to demonstrate financial capacity in accordance with clause 500.214 of Schedule 2 to the Migration Regulations 1994. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant had provided sufficient evidence of financial capacity, whether there were sufficient funds available to meet the applicant's costs and expenses while holding the visa, and whether the applicant would have genuine access to those funds, all as required by clause 500.214 and the instrument LIN 19/198. The applicant had failed assignments in his course, necessitating an extension to complete his studies, which impacted the assessment of his financial capacity for the extended period.

The Tribunal considered an affidavit from the applicant's mother, Sarjant Kaur, and a bank statement, which collectively indicated the applicant had access to AUD $18,658.39. The Tribunal was satisfied that this amount, assessed on a pro-rata basis for the extended course duration until 5 June 2020, met the financial capacity requirements. The Tribunal also found that the applicant had demonstrated genuine access to these funds and that they were sufficient to cover travel, living costs, and course fees.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the financial capacity criteria specified in clause 500.214 of Schedule 2 to the Regulations and LIN 19/198.