Koirala (Migration)

[2019] AATA 3194

Koirala (Migration) [2019] AATA 3194 (15 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Shristi Koirala

CASE NUMBER:  1908547

DIBP REFERENCE(S):  BCC2018/6111697

MEMBER:Stephen Witts

DATE:15 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 15 May 2019 at 9:28am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – enrolment not provided – COE provided upon review – 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 11 January 2019. The delegate refused to grant the visa on 1 April 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. The applicant has now provided to the Tribunal an overseas student confirmation of enrolment in an Advanced Diploma of Leadership and Management which is due to begin on 15 June 2019 and complete on 14 June 2020. 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

   Stephen Witts
   Member