IQBAL (Migration)

[2018] AATA 2017

IQBAL (Migration) [2018] AATA 2017 (7 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mudassar IQBAL

CASE NUMBER:  1615855

DIBP REFERENCE:  BCC2016/1990555

MEMBER:Lilly Mojsin

DATE AND TIME OF

ORAL DECISION AND REASONS:          7 February 2018 at 1:20 pm (NSW time)

DATE OF WRITTEN RECORD:                17 April 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

Statement made on 17 April 2018 at 12:53pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 572 (Student) – No Confirmation of Enrolment or Offer of Enrolment – Genuine applicant for entry and stay as a student – Decision under review affirmed

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, r 1.40, cls 572.223, 570.232, 571.232, 572.231, 573.231, 574.231, 575.231

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 20 September 2016 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 572 visa under the Migration Act 1958 (the Act).

2. At the hearing on 7 February 2018, the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. The issue before the delegate at the time of application, on 8 June 2016, was whether the applicant met the criterion in cl.572.223(1)(a).

4. Since that time, the applicant has not studied and has advised the Tribunal that the last course he completed was in 2015, which was a ELICOS course.  He has had family difficulties and has been unable to finish any other course.

5. The applicant has confirmed that he does not hold a Confirmation of Enrolment or an Offer of Enrolment.

6. The Tribunal notes that the Tribunal wrote to the applicant on 3 January 2018, requesting that he provide a Confirmation of Enrolment or an Offer of Enrolment.  He has not done so.

7. With limited exceptions, the Regulations require that at the time of decision, an applicant must be enrolled in or the be subject of a current offer of enrolment, in a course of study that is the principal course and is of a type specified under Regulation 1.40 for the subclass, at the time of application.

8. There is no evidence before the Tribunal that the applicant is now enrolled in or has a current Offer of Enrolment in any applicable course of study.

9. As the applicant has provided no Confirmation of Enrolment or Offer of Enrolment to the Tribunal, cl.570.232, cl.571.232, cl.572.231, cl.573.231, cl.574.231 and cl.575.231 are not met.

10. There is no evidence that the applicant meets the criteria for either a subclass 576 or subclass 580 visa, the remaining subclasses of class TU.

11. The decision under review must be affirmed. 

    DECISION

12. The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

    Lilly Mojsin
    Member