Mirampally (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning the visa application, with the secondary applicant being the spouse of the primary applicant and a member of her family unit.

The Tribunal was required to determine whether the primary and secondary applicants met the criteria for a Subclass 500 visa, specifically those outlined in clauses 500.214 and 500.311 of Schedule 2 to the *Migration Regulations 1994* (Cth). Clause 500.311 relates to the secondary applicant being a member of the family unit of the primary applicant.

The Tribunal found that the secondary applicant, as the spouse of the primary applicant, satisfied the criteria under clause 500.311. The decision indicates that the primary applicant was required to provide adequate evidence of genuine access to funds and hold a current Confirmation of Enrolment (COE), which are likely considerations under clause 500.214.

The Tribunal remitted the application for reconsideration, directing that the applicants meet the specified criteria for the Subclass 500 visa.