ABIDIN (Migration)

Case [2018] AATA 5153

ABIDIN (Migration) [2018] AATA 5153 (12 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Muhammad Azrul Bin ABIDIN

CASE NUMBER:  1821456

DIBP REFERENCE(S):  BCC2018/2134802

MEMBER:M. Edgoose

DATE:12 November 2018

PLACE OF DECISION:  Melbourne, Victoria

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

·cl.500.211 of Schedule 2 to the Regulations

Statement made on 12 November 2018 at 9:51am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment in a registered course – decision under review remitted       

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 500.211

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 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 17 May 2018. The delegate refused to grant the visa on 16 July 2018.

  2. The delegate made the decision on the basis that evidence of enrolment was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

  3. The applicant has since provided the Tribunal with a Confirmation of Enrolment for a Diploma of Leadership and Management through Global College Australasia (AAT Folio 10) which started on 13 August 2018 and is due to be completed by 29 July 2019. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

    DECISION

  4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

    ·cl.500.211 of Schedule 2 to the Regulations

    M. Edgoose
    Member


Details
AGLC
ABIDIN (Migration) [2018] AATA 5153
Case
[2018] AATA 5153
Decision Date

CaseChat Overview and Summary

The applicant sought review of a decision concerning their application for a Student (Temporary) (Class TU) visa, Subclass 500. The Administrative Appeals Tribunal (AAT) considered the matter.

The primary legal issue before the Tribunal was whether the applicant met the criterion requiring enrolment in a registered course, as stipulated by cl.500.211 of Schedule 2 to the Regulations.

The Tribunal's reasoning was based on new evidence provided by the applicant, specifically a Confirmation of Enrolment for a Diploma of Leadership and Management. This document indicated that the applicant was enrolled in a course commencing on 13 August 2018 and scheduled for completion on 29 July 2019. Being satisfied that this new evidence demonstrated compliance with the enrolment criterion, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for reconsideration, with the direction that the applicant meets the specified criteria for a Subclass 500 visa.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

The applicant has since provided the Tribunal with a Confirmation of Enrolment for a Diploma of Leadership and Management through Global College Australasia (AAT Folio 10) which started on 13 August 2018 and is due to be completed by 29 July 2019. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.DECISION The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:·cl.500.211 of Schedule 2 to the RegulationsM. EdgooseMember

Ratio Decidendi

Legal Principle Established

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