Kattel (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of a Subclass 500 visa, specifically concerning the value of the proposed course to the applicant's future and whether the applicant had demonstrated positive study progress and provided a reasonable explanation for any changes in their study or career pathway.

The Tribunal considered new evidence presented by the applicant and found that the applicant had reasonably demonstrated the value of the course to her future, to an extent that outweighed the current cost of completing it. Furthermore, the Tribunal was satisfied that the applicant had made positive study progress and had reasonably explained any changes to her study and career pathway. Consequently, the Tribunal remitted the application for reconsideration with a direction that the primary applicant met the criteria under cl.500.212 of Schedule 2 to the Regulations, and the second named applicant met the criteria under cl.500.311 of Schedule 2 to the Regulations.