Yang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Yang for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the English language requirements for a Subclass 500 visa, as stipulated by clause 500.213 of Schedule 2 to the *Migration Regulations 1994* (Cth).

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing evidence. Pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth), the Tribunal found that the applicant met the relevant criteria. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfies the criteria under clause 500.213 of Schedule 2 to the Regulations.