Hasan (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal regarding a Subclass 500 (Student) visa. The applicant, Mr. Hasan, sought to challenge the Tribunal's decision.

The primary legal issue before the Tribunal was whether Mr. Hasan met the English language ability requirements for the Subclass 500 visa. The Tribunal had made a decision without holding a hearing, believing it had sufficient material to find in favour of the applicant under section 360(2)(a) of the *Migration Act 1958* (Cth).

The Tribunal's decision was to remit the application for reconsideration. This was because the Tribunal determined that the applicant did meet the criteria for the visa, specifically clause 500.213 of Schedule 2 to the *Migration Regulations 1994* (Cth), and that a hearing was not necessary to reach this conclusion.