Adhikari (Migration)

[2020] AATA 2773

Adhikari (Migration) [2020] AATA 2773 (27 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Mahendra Adhikari
Mrs Suchana Adhikari
Master Shahas Adhikari

CASE NUMBER:  1930522

HOME AFFAIRS REFERENCE(S):          BCC2019/1813022

MEMBER:Tim Connellan

DATE:27 May 2020

PLACE OF DECISION:  Melbourne

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

·cl.500211 of Schedule 2 to the Regulations

·as members of the primary applicant’s family unit, the secondary applicant’s satisfy cl.500.311

Statement made on 27 May 2020 at 5:24pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – confirmation of enrolment provided – decision under review remitted

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cls 500211, 500.311

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 Home Affairs to refuse to grant the applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 12 April 2019. The delegate refused to grant the visas on 10 October 2019.

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. On 27 November 2019 the Tribunal received a submission which included the following Confirmations of Enrolment for the applicant to study at Glen Institute:

   ·     B1BD6B37 – Certificate III in Commercial Cookery (02/12/19 – 10/01/21)

   ·     B1BD7358 – Certificate IV in Commercial Cookery (11/01/21 – 04/07/21)

   ·     B1BDAF22 – Diploma of Hospitality Management (16/08/21 – 31/01/22)

4. 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.

5. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

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

   ·cl.500.211 of Schedule 2 to the Regulations

   ·as members of the primary applicant’s family unit, the secondary applicant’s satisfy cl.500.311

   Tim Connellan
   Member