Balbir Singh (Migration)

[2020] AATA 2825

Balbir Singh (Migration) [2020] AATA 2825 (28 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Roshan Singh Balbir Singh

CASE NUMBER:  1911082

HOME AFFAIRS REFERENCE(S):          BCC2019/324549

MEMBER:Penelope Hunter

DATE:28 May 2020

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 28 May 2020 at 4:27pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa–– applicant is currently enrolled – evidence provided – 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 Home Affairs 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 3 February 2019. The delegate refused to grant the visa on 18 April 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 18 October 2019, the Tribunal received a Confirmation of Enrolment issued for the applicant in an Advanced Diploma of Hospitality Management with course dates from 23 September 2019 to 18 September 2020. The Tribunal has reviewed the applicant’s Provider Registration and International Student Management System (PRISMS) records and determined that as at 22 May 2020 this enrolment had not been cancelled. In light of the new evidence received, the Tribunal is satisfied that the applicant is enrolled in a course of study and criterion contained in cl.500.211 of Schedule 2 of the Regulation is met. The Tribunal finds that the matter should be remitted for reconsideration by the Department for the remaining criteria for the visa.

4. 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

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

   Penelope Hunter
   Member