Jasvir Singh (Migration)

[2019] AATA 5376

Jasvir Singh (Migration) [2019] AATA 5376 (25 July 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr  Jasvir Singh

CASE NUMBER:  1916303

DIBP REFERENCE(S):  BCC2016/4192356

MEMBER:Tim Connellan

DATE:25 July 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 25 July 2019 at 3:44pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 – Advanced Diploma of Leadership and Management – Confirmation of Enrolment provided – 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 12 December 2016. The delegate refused to grant the visa on 5 June 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. On 17 July 2019 the Tribunal received a copy of a CoE (AC3E1A80)  indicating the applicant is enrolled in an Advanced Diploma of Leadership and Management scheduled to run between 12 August 2019 and 11 August 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

   Tim Connellan
   Member