GOONESEKERA (Migration)

[2018] AATA 813

GOONESEKERA (Migration) [2018] AATA 813 (20 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Aishwara Manindha GOONESEKERA

CASE NUMBER:  1712405

DIBP REFERENCE(S):  BCC2017/999218

MEMBER:Mark Bishop

DATE:20 March 2018

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 20 March 2018 at 10:06am

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 – Evidence of Enrolment details provided – Initial pre-paid tuition fees paid

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 24 December 2013. The delegate refused to grant the visa on 25 December 2013.

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. On 13 September 2017 the Tribunal received a copy of a Confirmation of Enrolment (COE) for enrolment in a Bachelor of Business in the name of the applicant expressed to apply from 19 March 2018 until 31 December 2019. The Tribunal notes an initial pre-paid tuition fee of $3,400 was paid out of tuition fees of $33,200 valid until 19 April 2018. 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 500.211 visa:

   • cl.500.211 of Schedule 2 to the Regulations

   Mark Bishop
   Member