Adhikari (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicants sought review of a decision concerning their eligibility for this visa subclass.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the grant of a Subclass 500 visa, specifically in relation to the confirmation of enrolment and the criteria for family unit members.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicants based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the criteria under clause 500.211 of Schedule 2 to the Migration Regulations 1994, and that the secondary applicants, as members of the primary applicant's family unit, satisfy clause 500.311.