Yussuff (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Yussuff concerning a Subclass 500 (Student) visa. The dispute centred on whether the applicant had met a specific criterion related to their enrolment and presence in Australia during the marking of their postgraduate thesis.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the requirements of clause 500.211(b) of Schedule 2 to the *Migration Regulations 1994* (Cth), specifically concerning the condition that the student must remain in Australia during the marking of their thesis.

The Tribunal's reasoning was informed by updated evidence provided by RMIT University on 29 October 2019. This evidence explicitly stated that the candidate was required to remain in Australia during the marking of their postgraduate thesis. Based on this new information, the Tribunal was satisfied that the criterion was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the first applicant had met the relevant visa criteria.