Kavuri (Migration)

[2018] AATA 1162

Kavuri (Migration) [2018] AATA 1162 (5 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Avinash Kavuri
Mrs Soukini Sajja

CASE NUMBER:  1731371

DIBP REFERENCE(S):  BCC2017/2942486

MEMBER:P. Wood

DATE:5 April 2018

PLACE OF DECISION:  Melbourne, Victoria

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. 211 of Schedule 2 to the Regulations

Statement made on 05 April 2018 at 1:45pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of course enrolment provided to the Tribunal

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 16 August 2017. The delegate refused to grant the visas on 27 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. The first named applicant has since provided the Tribunal with a copy of a confirmation of enrolment certificate evidencing enrolment in a postgraduate master’s level degree. 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 first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.211 of Schedule 2 to the Regulations

   P. Wood
   Senior Member