Mukhtar (Migration)

[2020] AATA 3242

Mukhtar (Migration) [2020] AATA 3242 (3 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Atif Mukhtar

CASE NUMBER:  1809586

HOME AFFAIRS REFERENCE(S):          BCC2018/224513

MEMBER:M. Edgoose

DATE:3 August 2020

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.500.214 of Schedule 2 to the Regulations

Statement made on 03 August 2020 at 8:38am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine access to funds – evidence of access to adequate funds and confirmation of enrolment in registered course provided to tribunal – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65, 360(2)(a)

Migration Regulations 1994 (Cth), Schedule 2, cl 500.214

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 Home Affairs 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 15 January 2018. The delegate refused to grant the visa on 19 March 2018.

2. On 3 August 2020 the Tribunal received documentation evidencing that the applicant now has adequate genuine access to funds and a Confirmation of Enrolment in an approved course. 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.

3. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   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.500.214 of Schedule 2 to the Regulations

   M. Edgoose
   Member