Hyder Ali (Migration)

[2019] AATA 5890

Hyder Ali (Migration) [2019] AATA 5890 (12 December 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Mohamed Rozikhan Hyder Ali

CASE NUMBER:  1920640

DIBP REFERENCE(S):  BCC2019/1320615

MEMBER:Stephen Witts

DATE:12 December 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 12 December 2019 at 9:18am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – genuine student – COE provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 15 March 2019. The delegate refused to grant the visa on 11 July 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 has now provided confirmation of an enrolment to study a Certificate III in Light Vehicle Mechanical Technology with a start date of 7 October 2019 and a completion date of 28 December 2020. The Tribunal notes that the issue under consideration is the applicant’s enrolment status and that the delegate has not made a decision in regard to whether the applicant is a genuine student or a genuine temporary entrant.

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

   Stephen Witts
   Member