Ausaf (Migration)

[2019] AATA 4050

Ausaf (Migration) [2019] AATA 4050 (16 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Syed Zulqarnain Ausaf

CASE NUMBER:  1919655

DIBP REFERENCE(S):  BCC2019/676303

MEMBER:Tim Connellan

DATE:16 September 2019

PLACE OF DECISION:  Melbourne

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 16 September 2019 at 1:37pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment status – evidence of enrolment received – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 28 February 2019. The delegate refused to grant the visa on 10 July 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 1 September 2019 the Tribunal received CoE’s indicating the applicant was enrolled in a Diploma of Leadership and Management [AD0B2C98] scheduled to run between 5 Augusy 2019 and 2 August 2020 and an Advanced Diploma of Leadership and Management [AD0B5326] scheduled to run between 7 September 2020 and 5 September 2021.

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.

   DECISION

5. 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

   Tim Connellan
   Member