Khmel (Migration)

[2019] AATA 1585

Khmel (Migration) [2019] AATA 1585 (14 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Kseniia Khmel

CASE NUMBER:  1904643

DIBP REFERENCE(S):  BCC2018/4826092

MEMBER:Stephen Conwell

DATE:14 May 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 14 May 2019 at 2:33pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment status – evidence of enrolment – 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 1 November 2018. The delegate refused to grant the visa on 13 February 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 30 April 2019 the Tribunal received a copy of a valid Certificate of Enrolment for the applicant’s enrolment in a Diploma of Leadership and Management for the period, 27 May 2019 to 24 May 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. 500.211 of Schedule 2 to the Regulations

   Stephen Conwell
   Member