BRAICH (Migration)

[2017] AATA 2042

BRAICH (Migration) [2017] AATA 2042 (17 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jagjit Singh BRAICH

CASE NUMBER:  1713944

DIBP REFERENCE(S):  BCC2017/1035640

MEMBER:Tim Connellan

DATE:17 October 2017

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

·cl.500.211 of Schedule 2 to the Regulations.

Statement made on 17 October 2017 at 11:31am

CATCHWORDS
Migration – Student (Temporary) (Class TU) – Subclass 500 (Student) visa – Evidence of current enrolment

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, 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 on 10 June 2017 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 15 March 2017. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

3. The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl.500.211 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because he failed to provide evidence of current enrolment.

4. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

5. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The issue in the present case is whether the applicant is enrolled in a course of study.

6. Clause 500.211 relevantly requires that at the time of the decision the applicant is enrolled in a course of study: cl.500.211(a). The applicant does not claim to meet any of the alternative criteria in cl.500.211.

7. The applicant provided the Tribunal with a Confirmations of Enrolment [8E42BE73 & 8E42C833] for a Diploma and an Advanced Diploma of Leadership and Management scheduled to run between to 20 December 2019.

8. On the basis of the evidence provided the Tribunal is satisfied that at the time of this decision, the applicant is enrolled in a course of study and accordingly cl.500.211 is met.

9. Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.

   DECISION

10. The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

    ·cl.500.211 of Schedule 2 to the Regulations.

    Tim Connellan

    Member