卖房的钱可以拿来留学么?

移民局规定学生签证如果资产的来源是继承或者出售房产,或者中彩票的钱是不能接受作为收入证明的。也就是说不能满足5A405(1)(c)的要求
PAM Income from non-regular sources

Funds (such as an inheritance, lottery win or funds from the sale of assets) that do not originate from a regular income stream are not acceptable
那么问题来了,如果收入不正常是不是就不能来澳洲留学呢?

志杰移民找到了一个有用的法庭判例可以对这种收入来源不正规的情况有帮助,依据这个判例,我们可以不按照移民局的规定帮非正常收入来源的客户办理学生签证。
Kaur & Ors v Minister for Immigration & Anor [2014] FCCA 1002 (13 June 2014)法官认为 5A405(1)(c)That is, the section focuses enquiry upon the provenance of the funds, not the ability to save the money…If the land was genuinely gifted to the applicant’s father, then his income, regardless of the amount of it, would have been sufficient to accumulate the funds that he intends to provide to the applicant. …Thus in the case of a lottery win little income is needed but in the case of savings careful enquiry is needed of income amounts…
根据澳洲法律stare decisis 的原则,如果提供这个判例给移民官,卖房的钱拿来留学是满足要求的。如果不提供这个判例,移民官遵照PAM移民守则办事,非正常收入来留学是不会批准的。

ref:
25.Looking to the purpose of the provision, as set out by Bromberg J in Patel, it seems that the work for clause 5A405(1)(c) to perform is to ensure that the funds being provided have been accumulated by the provider within the limits of their regular income, such that they are either without obligation to third parties, or to the extent that the funds may be a loan, that the regular income would be sufficient to support the repayment of that loan. That is, to ensure the money is actually available from a legitimate source and remains available.
26.Thus, for the Tribunal to conclude that the proceeds of the contract for sale of the property “are not the regular income of the applicant’s father” overlooks the requirement that the regular income of the father only be sufficient “to accumulate the level of funding being provided.” If the land was genuinely gifted to the applicant’s father, then his income, regardless of the amount of it, would have been sufficient to accumulate the funds that he intends to provide to the applicant. That is, the section focuses enquiry upon the provenance of the funds, not the ability to save the money.
27.Such an interpretation meets the underlying purpose of the regulations as set out in Patel’s case of ensuring there are funds sufficient to support the applicant. By focusing on the provenance of such funds to ascertain whether there is a legitimate provenance of the funds by the person who provides them, having regard to what they could be expected to accumulate on their regular income in the circumstances of the case. Thus in the case of a lottery win little income is needed but in the case of savings careful enquiry is needed of income amounts.

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关于 李博
李博,移民代理,管理学学士,移民法硕士。2003年留学来澳,曾在悉尼大学,国立大学学习法律课程并获得移民代理注册。帮助众多客户处理留学,移民过程中的签证相关问题。善于解决各类移民法律疑难问题。

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