CALIXIHAN (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student (Temporary)) visa. The applicant sought review of a decision by the Department of Home Affairs.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements for the visa, specifically in relation to providing evidence of completing a Certificate IV course. The applicant had not initially provided this evidence to the Department.

The Tribunal's reasoning focused on new evidence presented by the applicant during the review process. This new evidence satisfied the Tribunal that the applicant had indeed met the relevant criterion, identified as cl.500.213 of Schedule 2 to the Regulations. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the specified criteria for a Subclass 500 visa.