Paramveer Singh (Migration)

[2019] AATA 1178

Paramveer Singh (Migration) [2019] AATA 1178 (10 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr  Paramveer Singh
Mrs Kirandeep Kour
Miss Jaseerat Kour

CASE NUMBER:  1836036

DIBP REFERENCE(S):  BCC2018/3263011

MEMBER:Stephen Witts

DATE:10 January 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications 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

Statement made on 10 January 2019 at 3:46pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Diploma of Business – Confirmation of Enrolment provided – decision under review remitted

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 29 August 2018. The delegate refused to grant the visas on 21 November 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. The Tribunal has now received an overseas student confirmation of enrolment (AAT file folio 14) for a Diploma of Business with a course start date of 3 December 2018 and a completion date of 1 December 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.

4. In regard to the secondary applicants the Tribunal finds that they are members of the family unit of a person who satisfies the primary criteria.

   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 Witts
   Member