Bhardwaj (Migration)

[2018] AATA 5845

Bhardwaj (Migration) [2018] AATA 5845 (10 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Rahul Sureshbhai Bhardwaj

CASE NUMBER:  1834228

DIBP REFERENCE(S):  BCC2018/3595262

MEMBER:M. Edgoose

DATE:10 December 2018

PLACE OF DECISION:  Melbourne, Victoria

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 10 December 2018 at 9:35am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Confirmation of Enrolment provided – Advanced Diploma of Leadership and Management – 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 September 2018. The delegate refused to grant the visa on 9 November 2018.

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 applicant has since provided the Tribunal with a Confirmation of Enrolment for an Advanced Diploma of Leadership and Management through Gen Institute Pty Ltd (AAT Folio 9) which commenced on 26 November 2018 and is due to be completed by 26 November 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

   M. Edgoose
   Member