Kaur (Migration)

[2018] AATA 3125

Kaur (Migration) [2018] AATA 3125 (20 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Rupinder Kaur

CASE NUMBER:  1729315

DIBP REFERENCE(S):  BCC2017/2642819

MEMBER:P. Wood

DATE:20 July 2018

PLACE OF DECISION:  Melbourne, Victoria

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 20 July 2018 at 5:54pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of course enrolment – Copy of enrolment record for an Advanced Diploma provided – Decision under review remitted for reconsideration

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 25 July 2017. The delegate refused to grant the visa on 9 November 2017.

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 2018 the applicant provided the Tribunal with a copy of a current confirmation of enrolment certificate evidencing her enrolment in an approved Advanced Diploma of Business course. 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 visa:

   ·cl.500.211 of Schedule 2 to the Regulations

   P. Wood
   Senior Member