1604126 (Migration)

[2016] AATA 4224

1604126 (Migration) [2016] AATA 4224 (5 August 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms  KULWINDER KAUR
Master EKAM SINGH

CASE NUMBER:  1604126

DIBP REFERENCE(S):  BCC2015/3306002

MEMBER:Adrian Ho

DATE:5 August 2016

PLACE OF DECISION:  Melbourne

DECISION: The Tribunal remits the applications for a Student (Temporary) (Class TU) visas for reconsideration, with the direction that the first-named applicant meets the following criteria for a Subclass 572 Vocational Education and Training Sector visa:

·cl. 572.231 of Schedule 2 to the Regulations.

Statement made on 05 August 2016 at 4:29pm

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 9 March 2016 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 572 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 10 November 2015. The delegate refused to grant the visa on the basis that cl.572.231 was not met.

3. The applicants were represented in relation to the review by their registered migration agent.

4. For the following reasons, the Tribunal has concluded that the decision under review should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

5. The applicant was refused the visa on the basis that the applicant had no relevant enrolment in a course of study sufficient to satisfy cl.572.231.

6. Since the delegate’s decision, the applicant has acquired enrolment in a VET sector advanced diploma of marketing to conclude in February 2017, and relevant PRISMS records indicate the applicant is ‘studying’.

7. The course is specified in the relevant instrument for Subclass 572 and the tribunal finds the applicant now meets cl.572.231.

8. Given the findings above, the appropriate course is for the Tribunal to remit the matter to the Minister to consider the remaining criteria for the grant of the visa.

   DECISION

9. The Tribunal remits the applications for a Student (Temporary) (Class TU) visas for reconsideration, with the direction that the first-named applicant meets the following criteria for a Subclass 572 Vocational Education and Training Sector visa:

   ·cl.572.231 of Schedule 2 to the Regulations.

   Adrian Ho
   Member