Jasvir Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student (Temporary)) visa made by Jasvir Singh. The applicant sought review of a decision to refuse the visa. The Tribunal had before it a Confirmation of Enrolment for an Advanced Diploma of Leadership and Management.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 500 visa, specifically criterion cl.500.211 of Schedule 2 to the Regulations. This criterion relates to the applicant's genuine temporary entrant and genuine student intentions, and the provision of a valid Confirmation of Enrolment.

The Tribunal's decision was influenced by new evidence received after the initial refusal. Based on this new evidence, the Tribunal was satisfied that the applicant met the relevant criterion. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the visa.