Jashandeep Singh (Migration)

[2021] AATA 491

Jashandeep Singh (Migration) [2021] AATA 491 (15 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr  Jashandeep Singh

CASE NUMBER:  1927804

HOME AFFAIRS REFERENCE(S):          BCC2019/2368978

MEMBER:Mark Bishop

DATE:15 February 2021

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.500.211of Schedule 2 to the Regulations

Statement made on 15 February 2021 at 3:51pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment in course of study – long period of non-enrolment – current confirmations of enrolment provided to tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1999 (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 Home Affairs 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 3 May 2019. The delegate refused to grant the visa on 11 September 2019.

2. On 12 February 2021 the Tribunal received a copy of three current COE’s created 10 February 2021 (after a long period of non-enrolment from 20 December 2016 until 10 February 2021, a period of more than 4 years) in a Certificate 111 in Commercial Cookery,  Certificate IV in Commercial Cookery and a Diploma of Hospitality Management with a course conclusion date of 5 February 2023.

3. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   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

   Mark Bishop

   
   

   Member