KC (Migration)

The Administrative Appeals Tribunal considered the case of KC (Migration), concerning a Subclass 500 (Student) visa application. The dispute involved whether the applicants met the relevant criteria for the visa, specifically relating to enrolment conditions and evidence of studies.

The Tribunal was required to determine if the primary applicant satisfied the criteria under cl.500.211 and cl.500.311 of Schedule 2 to the Regulations. Additionally, it needed to assess whether the secondary applicant, as a member of the family unit, met the criteria for inclusion in the application.

The Tribunal found that the first named visa applicant satisfied the primary criteria. Consequently, the secondary applicant was deemed to meet the criteria as a member of the family unit who made a combined application with the primary applicant. The Tribunal therefore remitted the application for reconsideration, with a direction that the primary applicant meets the specified criteria.