The applicant is required to have sufficient funds to pay for her course fees for first 12 months of study. As the applicant has completed more than 12 months of study, that period has passed. Based on her current enrolment, the applicant is required to provide evidence of sufficient funds to pay her living costs and expenses for 365 days, and her outbound travel expenses comprising one return flight to her home country.
The Tribunal calculates the applicant is required to demonstrate access to $25,505 for her daily expenses for 12 months and travel costs to return to the Philippines. The applicant has provided Commonwealth Bank evidence in the name of her cousin Pauline Montanez to the Tribunal. Ms Montanez has one Commonwealth account number xxxx 6834 with a balance of $111,338.15 and an account number xxxx 0201 with a credit amount of $22,389.92 Ms Montanez is employed as an HR professional and receives a significant salary that is deposited into her Commonwealth Bank account. Based on the income statements in the name of the applicant's financial sponsor, the Tribunal is satisfied there are sufficient funds to meet the costs and expenses of the applicant while she holds the visa.
The applicant provided a written statement to the Tribunal indicating she is employed part-time and has her own savings account in Australia.
For these reasons, the Tribunal is satisfied that the applicant meets cl 500.214(2).
[2]
Will the applicant have genuine access to the funds?
[3]
To meet cl 500.214(1), the Tribunal must also be satisfied that the applicant will have genuine access to the funds referred to above.
The Department delegate found the applicant provided limited evidence of the relationship between the applicant and her proposed financial sponsor. Therefore, the delegate was not satisfied the sponsor would be providing the funds to the applicant while she is in Australia. The Tribunal was advised the applicant and Ms Montanez are second cousins. A submission explaining the family relationship was provided, as well as birth certificates and information about extended family supports that are common in the Philippines.
After assessing and weighing the evidence, the Tribunal accepts applicant and her financial sponsor have a family relationship and that Ms Montanez is willing to continue supporting the applicant. Based on the financial evidence provided, the Tribunal is satisfied Ms Montanez has the ability and the means to provide the required funds.
As the Tribunal is satisfied the applicant will have genuine access to the funds, cl 500.214(1) is met.
Accordingly, the Tribunal is satisfied that the applicant meets cl 500.214.
Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.
[4]
The Tribunal sets aside the decision under review and remits the application for a Student (Temporary) (Class TU) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 500 (Student) visa:
cl 500.214 of Schedule 2 to the Regulations.
[5]
Representative for the Applicant: Ms Pauline Montanez
Cases Cited (1)
Perez (Migration) [2025] ARTA 1645 (5 August 2025)