Jassi (Migration)

[2018] AATA 777

Jassi (Migration) [2018] AATA 777 (20 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Jaswinder Jassi

CASE NUMBER:  1715794

DIBP REFERENCE(S):  BCC2017/1035423

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 8:47am

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 – Copy of Confirmation of course enrolment supplied to the Tribunal – Part payment of tuition fees

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 7 February 2018 the Tribunal received a copy of a Confirmation of Enrolment (COE) for enrolment in a Diploma of Human Resources Management in the name of the applicant expressed to apply from 12 March 2018 until 10 March 2019. The Tribunal notes an initial pre-paid tuition fee of $1,000 was paid out of tuition fees of $$6,000 valid until 31 March 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(a) of Schedule 2 to the Regulations

   Mark Bishop
   Member