Ajmal (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant, Mr. Ajmal, sought review of a decision made by the Department of Home Affairs. The Administrative Appeals Tribunal (AAT) considered the applicant's case and ultimately remitted the application for reconsideration.

The primary legal issue before the AAT was whether the applicant met the criteria for a Subclass 500 visa, specifically in relation to demonstrating genuine access to sufficient funds. The AAT was required to determine if the material before it was sufficient to find in favour of the applicant on this point.

The AAT, exercising its powers under s.360(2)(a) of the Migration Act 1958 (Cth), determined that a hearing was not necessary as it could reach a favourable conclusion based on the existing documentation. Consequently, the AAT remitted the application for reconsideration, directing that the applicant be found to meet the criteria specified in cl.500.214 of Schedule 2 to the Migration Regulations 1994 (Cth).