Pardeep Singh (Migration)

[2019] AATA 1682

Pardeep Singh (Migration) [2019] AATA 1682 (1 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr  Pardeep Singh
Mrs Surjeet Kaur

CASE NUMBER:  1900317

DIBP REFERENCE(S):  BCC2018/4240679

MEMBER:Stephen Witts

DATE:1 February 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 01 February 2019 at 11:45am

CATCHWORDS
MIGRATION – Student (Temporary)(Class TU) visa – Subclass 500 (Student) – evidence of enrolment not provided – new evidence provided – Overseas Student Confirmation of Enrolment received – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), 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 September 2018. The delegate refused to grant the visas on 19 December 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 11) to study an Advanced Diploma of Leadership and Management which began on 21 January 2019 and is due for completion on 19 July 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.

4. In regard to the secondary applicant the Tribunal finds that she is a member 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