Harmandeep Singh (Migration)

[2019] AATA 6398

Harmandeep Singh (Migration) [2019] AATA 6398 (8 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Harmandeep Singh

CASE NUMBER:  1924926

DIBP REFERENCE(S):  BCC2019/1292404

MEMBER:M. Edgoose

DATE:8 November 2019

PLACE OF DECISION:  Melbourne

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 November 2019 at 9:51am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visas – Subclass 500 (Student) – no current enrolment – Confirmation of Enrolment provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958, ss 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 14 March 2019. The delegate refused to grant the visa on 21 August 2019.

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 provided the Tribunal with a Confirmation of Enrolment for a Diploma of Automotive Management (AAT Folio 14) that is due to commence on 15 November 2109 and be completed by 13 November 2020.

4. 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

5. 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