Khosa (Migration)

[2018] AATA 1151

Khosa (Migration) [2018] AATA 1151 (4 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Karanpal Khosa

CASE NUMBER:  1732125

DIBP REFERENCE(S):  BCC2017/3141498

MEMBER:Tim Connellan

DATE:4 April 2018

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 04 April 2018 at 10:48am

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 visa – New evidence provided to the Tribunal – Applicant’s condition of enrolment

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 applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 30 August 2017. The delegate refused to grant the visa on 30 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 29 January 2018 the Tribunal received a CoE (96A35E26) which showed the applicant was enrolled in a Bachelor of Business scheduled to run between 12 March 2018 and 31 December 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 applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.211 of Schedule 2 to the Regulations

   Tim Connellan
   Member