Mollick (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically in relation to cl 500.213 of Schedule 2 to the Regulations. The Tribunal was required to determine if the material before it was sufficient to make a favourable decision.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.