Villa Montes (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought to enter and remain in Australia as a student. The core of the dispute concerned whether the applicant met the criteria for the visa, specifically relating to their genuine intention as a student.

The Tribunal was required to determine if the applicant satisfied the requirements for a Subclass 500 visa, as stipulated by clause 500.211 of Schedule 2 to the *Migration Regulations 1994* (Cth). This involved assessing whether the applicant was a genuine applicant for entry and stay as a student, and whether they were enrolled in a specified course.

The Tribunal's decision was influenced by new evidence presented by the applicant. Having reviewed this evidence, the Tribunal was satisfied that the applicant met the relevant criterion. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be considered to meet the specified criteria for the Subclass 500 visa.