Rajiv (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, Rajiv, sought review of a decision to refuse this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 500 visa, specifically concerning positive study progress and being a genuine applicant for entry and stay as a student. The Tribunal also had to consider the impact of new evidence regarding the applicant's personal ties to their home country and their mental health, specifically depression and anxiety.

The Tribunal, having received and considered new evidence, was satisfied that the applicant met the relevant criteria. It found that the applicant's personal circumstances, including their mental health challenges, did not detract from their genuine intention to study. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl 500.212 of Schedule 2 to the Regulations.