Bhangale (Migration)

[2019] AATA 2110

Bhangale (Migration) [2019] AATA 2110 (3 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Preksha Bhangale

CASE NUMBER:  1906508

DIBP REFERENCE(S):  BCC2018/5279748

MEMBER:Stephen Witts

DATE:3 May 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 03 May 2019 at 10:46am

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – evidence of enrolment 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 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 26 November 2018. The delegate refused to grant the visa on 13 March 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. The Tribunal has now received copies of confirmation of enrolments for the applicant in a Certificate IV in Patisserie from 22 April 2019 until 30 June 2019 and a Diploma of Hospitality Management from 15 July 2019 until 22 September 2019. 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

   Stephen Witts
   Member