Debnath (Migration)

[2018] AATA 2957

Debnath (Migration) [2018] AATA 2957 (2 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Mousumi Debnath
Mr Himadri Shekhar Roy Chawdhury
Miss Ipshita Roy Chawdhury Aradhaya

CASE NUMBER:  1729047

DIBP REFERENCE(S):  BCC2017/3147551

MEMBER:P. Wood

DATE:2 July 2018

PLACE OF DECISION:  Melbourne, Victoria

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.211 of Schedule 2 to the Regulations

and the second and third named applicants meet the following criteria for a Subclass 500 visa:

·cl.500.311 of Schedule 2 to the Regulations

Statement made on 02 July 2018 at 4:37pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 – Evidence of enrolment provided – Decision under review remitted

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cls 500.211, 500.311

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 30 August 2017. The delegate refused to grant the visas on 31 October 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. The Tribunal has since been provided with evidence of the first named applicant being enrolled in a Master’s degree program at of recognised education provider. 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 first named applicant meets the following criteria for a Subclass 500 visa:

   cl.500.211 of Schedule 2 to the Regulations

   and the second and third named applicants meet the following criteria for a Subclass 500 visa:

   cl.500.311 of Schedule 2 to the Regulations

   P. Wood
   Senior Member