Mukhtar (Migration)

The applicant, Mukhtar, sought judicial review of a decision by the Migration Review Tribunal concerning his application for a Subclass 500 (Student) visa. The core of the dispute revolved around whether the applicant had demonstrated genuine access to adequate funds to cover his expenses and whether he had provided confirmation of enrolment in a registered course, as required by the relevant regulations.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the criteria for a Subclass 500 visa, specifically concerning the genuine access to funds and confirmation of enrolment requirements. The Tribunal was tasked with assessing the evidence presented by the applicant in relation to these criteria.

In its decision, the Tribunal concluded that a hearing was not necessary as it could find in favour of the applicant based on the material before it, 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 met the criteria under cl.500.214 of Schedule 2 to the *Migration Regulations 1994* (Cth).