Shrestha (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms Shrestha for a Subclass 500 (Student) visa. The dispute concerned whether Ms Shrestha met the eligibility criteria for this visa, specifically in relation to her enrolment in a registered course of study and the provision of a current confirmation of enrolment.

The primary legal issue before the Tribunal was to determine if Ms Shrestha satisfied the requirements of cl 500.211 of Schedule 2 to the *Migration Regulations 1994* (Cth). This clause pertains to the conditions an applicant must meet to be granted a Subclass 500 visa, including being enrolled in a registered course of study and holding a valid confirmation of enrolment.

The Tribunal, having reviewed the material before it, concluded that a hearing was not necessary as it could determine the matter in favour of the applicant under s 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms Shrestha meets the specified criteria for the Subclass 500 visa.