Vu (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by Mr Vu. The applicant sought review of a decision made under the *Migration Regulations 1994* (Cth) concerning his financial capacity. The Tribunal considered the evidence provided by the applicant, including documents and oral evidence, as well as the Departmental file.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, as elaborated by the instrument LIN 19/198. Specifically, the Tribunal had to determine if the applicant met the requirements of section 6(2) or section 6(3) of the instrument, which outline the forms and sufficiency of financial evidence required for a student visa.

The Tribunal reasoned that the applicant's proposed stay in Australia was for a period of less than 12 months, necessitating a pro rata calculation of living costs as per section 11 of the instrument. The Tribunal calculated the required amount for living costs to be AUD8,878. While the applicant had provided some evidence relevant to section 6(3) concerning his parents' incomes, the Tribunal found it unnecessary to consider this as the matter could be resolved by reference to section 6(2). The Tribunal concluded that the applicant met the criteria under clause 500.214 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets the specified financial capacity criteria for a Subclass 500 (Student) visa.