AHMED BIN MOHAMMAD (Migration)

[2024] AATA 169

AHMED BIN MOHAMMAD (Migration) [2024] AATA 169 (24 January 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr AHMED BIN MOHAMMAD AHMED BIN MOHAMMAD

REPRESENTATIVE:  Mr MOHAMMED ISMAIL SAUD MOHAMMED ISMAIL SAUD (MARN: 1909826)

CASE NUMBER:  2319375

HOME AFFAIRS REFERENCE(S):          BCC2023/4582914

MEMBER:Wendy Banfield

DATE:24 January 2024

PLACE OF DECISION:  Canberra

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 24 January 2024 at 1:42pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – evidence of enrolment provided to tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)

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 applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 11 August 2023. The delegate refused to grant the visa on 10 November 2023.

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 (Cth) (the Regulations).

3. On 30 November 2023 the Tribunal received Confirmation of Enrolment certificates as follows:

   ·     Diploma of Project Management from 14/08/2023 to 13/08/2024.

   ·     Advanced Diploma of Business from 11/11/2024 to 10/05/2026.

   ·     Graduate Diploma of Management (Learning) from 13/07/2026 to 11/07/2027.

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 applicant 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 applicant meets the following criteria for a Subclass 500 visa:

   ·cl 500.211 of Schedule 2 to the Regulations

   Wendy Banfield
   Member