Bashir (Migration)

[2018] AATA 5773

Bashir (Migration) [2018] AATA 5773 (6 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Kashif Bashir

CASE NUMBER:  1718425

DIBP REFERENCE(S):  BCC2017/1102147

MEMBER:Bridget Cullen

DATE:6 December 2018

PLACE OF DECISION:  Brisbane

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 06 December 2018 at 4:50pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 – Confirmation of Enrolment provided – Bachelor of Professional Accounting – 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 21 March 2017. The delegate refused to grant the visa on 8 August 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 5 December 2018, the applicant provided the Tribunal with a Confirmation of Enrolment “COE” for the Bachelor of Professional Accounting Course at the Holmes Institute Pty Ltd, for the period of 24 July 2017 until 31 July 2019. The Tribunal has confirmed with PRISMS records that the COE remains active.

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

   Bridget Cullen
   Member