Maiyo (Migration)

The Administrative Appeals Tribunal (AAT) considered the applications of Mrs Maiyo, Mr Rono, and Master Kiprop for a Subclass 500 visa. The dispute concerned whether Mrs Maiyo met the criteria for the visa, which would then allow for the reconsideration of the secondary applicants' applications.

The primary legal issue before the Tribunal was whether Mrs Maiyo satisfied the criterion set out in cl.500.215 of Schedule 2 to the Regulations. The Tribunal was required to determine if the evidence presented, including new evidence, was sufficient to meet this criterion.

The Tribunal found that, upon considering the new evidence, the criterion in cl.500.215 was met. Consequently, the Tribunal remitted Mrs Maiyo's application for reconsideration with a direction that she meets the specified criteria. The Tribunal also remitted the applications of the secondary applicants, Mr Rono and Master Kiprop, for reconsideration, having found that Mrs Maiyo met the essential criteria.