Ali (Migration)

[2018] AATA 5145

Ali (Migration) [2018] AATA 5145 (12 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Muhammad Dawood Ali

CASE NUMBER:  1714561

DIBP REFERENCE(S):  BCC2017/965934

MEMBER:Wendy Banfield

DATE:12 November 2018

PLACE OF DECISION:  Sydney

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 3:57pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visas – Subclass 572 Vocational Education and Training Sector visa – 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 11 March 2017. The delegate refused to grant the visa on 21 June 2017.

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 14 July 2017 the Tribunal received a COE in the name of the applicant for enrolment in a Bachelor of Accounting from 8 May 2017 to 1 May 2020. An examination of the Provider Registration and International Student Management System (PRISMS) at the date of decision in this case indicates the applicant is currently enrolled and studying the course. 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

   Wendy Banfield
   Member