Kaur (Migration)

[2019] AATA 5001

Kaur (Migration) [2019] AATA 5001 (8 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Baljinder Kaur
Mr Harmanmeet Singh
Mr Tanveer Singh

CASE NUMBER:  1809992

DIBP REFERENCE(S):  BCC2018/752139

MEMBER:M. Edgoose

DATE:8 November 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.214 of Schedule 2 to the Regulations

The Second and Third name applicants meet the following criteria:

·cl.500.311 of Schedule 2 to the Regulations

Statement made on 08 November 2019 at 10:13am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – financial capacity – evidence supporting genuine access to funds – COE provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cls 500.214, 500.311

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 14 February 2018. The delegate refused to grant the visas on 21 March 2018.

2. The delegate made the decision on the basis that evidence of adequate genuine access to funds was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The applicant has since provided the Tribunal with documentation evidencing that she now has adequate genuine access to funds (AAT Folio 23 – 24 and 21) and a Confirmation of Enrolment for a Diploma of Leadership and Management that is due to commence on 25 November 2019 and be completed by 22 November 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 first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.214 of Schedule 2 to the Regulations

   Second and Third name applicants meet the following criteria:

   ·cl.500.311 of Schedule 2 to the Regulations

   M. Edgoose
   Member