Nodado (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant had previously arrived in Australia on a Visitor visa and had completed courses. The primary dispute concerned whether the applicant met the genuine student criterion for the Subclass 500 visa.

The Tribunal was required to determine if the applicant satisfied the genuine student requirement, as stipulated by clause 500.212 of Schedule 2 to the *Migration Regulations 1994* (Cth). This involved assessing whether the applicant's intention to study in Australia was genuine, considering their previous visa status and course completion.

The Tribunal's decision was influenced by new evidence presented by the applicant. Based on this evidence, the Tribunal was satisfied that the genuine student criterion was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the relevant criteria for the Subclass 500 visa.