Wijesundara (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought to demonstrate financial capacity in accordance with clause 500.214 of Schedule 2 to the Migration Regulations 1994, as elaborated by IMMI 18/010. The core of the dispute involved whether the applicant had provided sufficient evidence of available funds to cover living expenses, tuition fees, and travel costs, and whether these funds were genuinely accessible.

The Tribunal was required to determine if the applicant had met the financial capacity requirements stipulated by cl.500.214(3) of the Regulations, which mandates evidence of sufficient funds for travel, living costs, and outstanding tuition fees, and crucially, that these funds are genuinely accessible. The applicant presented evidence of enrolment in a Master of Professional Accounting course, with a total tuition fee of $18,000 AUD, of which $10,000 AUD had been paid, leaving a balance of $8,000 AUD. The required total funds, including living costs of $20,290 AUD and a return airfare of $1,000 AUD, amounted to $29,290 AUD. The applicant provided evidence of $29,853.00 AUD in available funds, comprising a bank balance of $23,800.00 AUD from his sister and his own bank balance of $6,053.00 AUD, supported by a statutory declaration from his sister.

The Tribunal reasoned that the applicant had demonstrated sufficient funds to meet the required financial threshold and had also shown genuine access to these funds, thereby satisfying cl.500.214. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant had met the financial capacity criteria under cl.500.214 of Schedule 2 to the Regulations.