Gonzalez (Migration)

[2019] AATA 2205

Gonzalez (Migration) [2019] AATA 2205 (8 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Daniel Gonzalez

CASE NUMBER:  1733020

DIBP REFERENCE(S):  BCC2017/3123966

MEMBER:David Barker

DATE:8 March 2019

PLACE OF DECISION:  Sydney

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 08 March 2019 at 9:41am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) visa – enrolled in a course of study – enrolled in an approved course at the time of decision – decision under review remitted for reconsideration

LEGISLATION
Education Services for Overseas Students Act 2000 (Cth)
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 1.03; Schedule 2, cls 500.111, 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 29 August 2017. The delegate refused to grant the visa on 7 December 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), namely cl.500.211 of Schedule 2 to the Regulations. Clause 500.211 relevantly requires that at the time of this decision the applicant is enrolled in a course of study: cl.500.211(a). ‘Course of study’ is relevantly defined in cl.500.111 of the Regulations as a ‘full-time registered course’. ‘Registered course’ is defined in r.1.03 of the Regulations as a course of education or training provided by an institution, body or person that is registered, under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000, to provide the course to overseas students.

3. On 11 February 2019 the Tribunal received an Overseas Student Confirmation of Enrolment (CoE) indicating the applicant is enrolled to undertake a Master of International Hotel Management at Torrens University Australia.  The course started in April 2018 and is due to finish in April 2020. The Tribunal has reviewed the applicant’s student records on the Provider Registration and International Student Management System (PRISMS), which indicate that the applicant continues to study in the aforementioned course. 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

   David Barker
   Member