Hyder Ali (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa by Mr Hyder Ali. The core of the dispute concerned whether Mr Ali met the genuine student criterion for the visa.

The Tribunal was required to determine if the evidence before it satisfied the genuine student requirement as stipulated in the *Migration Regulations 1994* (Cth). Specifically, the Tribunal had to assess whether the applicant's circumstances, including the provision of a Confirmation of Enrolment (COE) upon review, demonstrated that they were a genuine student.

The Tribunal's reasoning focused on the impact of new evidence submitted during the review process. It found that this new evidence, particularly the COE provided on review, was sufficient to satisfy the genuine student criterion. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.500.211 of Schedule 2 to the *Migration Regulations 1994* (Cth).