YOON (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, Ms Yoon, sought review of a decision concerning her eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the genuine entrant criterion for the Subclass 500 visa, specifically in light of new evidence presented during the review process.

The Tribunal found that the new evidence, which included a one-way ticket to Korea, satisfied the genuine entrant criterion. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets the criteria under cl.500.212 of Schedule 2 to the Regulations.