Pradeep (Migration)

This matter concerned an application for review of a decision relating to a Subclass 500 (Student) visa. The applicant, Pradeep, had sought to have a decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically in light of the fact that her Confirmation of Enrolment (CoE) had been mistakenly cancelled due to an administrative error by her education provider. The Tribunal was required to determine if the applicant had successfully completed the nominated study related to the cancelled CoE.

The Tribunal found that a hearing was not necessary, as it could determine the matter based on the existing material pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). The Tribunal concluded that the applicant met the criteria for the visa, including cl 500.211 of Schedule 2 to the *Migration Regulations 1994* (Cth).

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified visa criteria.