Yaseen (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant was required to provide evidence of financial capacity in accordance with clause 500.214(3) of Schedule 2 to the Regulations, as specified by the instrument LIN 19/198. The court was asked to determine whether the applicant had provided sufficient evidence of financial capacity to meet the requirements for the visa.

The legal issue before the court was whether the applicant had demonstrated genuine access to sufficient funds to cover their tuition fees, living costs, and return travel expenses, as mandated by the financial capacity requirements for a Subclass 500 visa. This involved assessing the adequacy of the bank account statement provided by the applicant against the specified financial thresholds and the requirements of LIN 19/198.

The court found that the applicant had provided evidence of enrolment in an advanced diploma course with a residual tuition fee of AU$4930. The applicant also needed AU$21,041 for living costs and AU$1000 for return travel, totalling AU$26,971. The applicant had submitted a bank account statement dated 16 March 2021 showing a balance of AU$37,066.91. The court was satisfied that this balance exceeded the required amount and demonstrated genuine access to the necessary funds.

Accordingly, the Tribunal remitted the application for a Student (Temporary) (Class TU) 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.