Lee (Migration)

[2018] AATA 3351

Lee (Migration) [2018] AATA 3351 (17 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Zheng Hong Lee
Ms Kuan Xin Wong

CASE NUMBER:  1821755

DIBP REFERENCE(S):  BCC2018/2123257

MEMBER:Stephen Conwell

DATE:17 August 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for Student (Temporary) (Class TU) visas for reconsideration, with the direction that the first named applicant and the second named applicant, respectively, meet the following criteria for a Subclass 500 (Student) visa:

· cl.500.211 of Schedule 2 to the Regulations;

· cl. 500.311 of Schedule 2 to the Regulations.

Statement made on 17 August 2018 at 4:56pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) – Subclass 500 (Student) – Course enrolment – Certificate of Enrolment provided to the Tribunal – Secondary applicant – Member of the family unit – Decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cls 500.211, 500.311

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 May 2018. The delegate refused to grant the visas on 24 July 2018.

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 6 August 2018 the Tribunal received a copy of a Certificate of Enrolment (COE) indicating that the applicant is enrolled in a Certificate III in Business from 15 August 2018 to 14 August 2019. 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.

   Secondary applicant

4. The secondary applicant, Kuan Xin Wong, is a member of the family unit of the primary applicant. As the primary applicant was found to satisfy cl.500.211, it follows that the secondary applicant satisfies cl. 500.311.

   DECISION

5. The Tribunal remits the applications for Student (Temporary) (Class TU) visas for reconsideration, with the direction that the first named applicant and the second named applicant, respectively, meet the following criteria for a Subclass 500 (Student) visa:

   ·cl.500.211 of Schedule 2 to the Regulations;

   ·cl. 500.311 of Schedule 2 to the Regulations.

   Stephen Conwell
   Member