Prince (Migration)

[2019] AATA 375

Prince (Migration) [2019] AATA 375 (11 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Prince

CASE NUMBER:  1807104

DIBP REFERENCE(S):  BCC2017/3499834

MEMBER:Wendy Banfield

DATE:11 February 2019

PLACE OF DECISION:  Sydney

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 11 February 2019 at 5:22pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – course enrolment – evidence provided – decision under review remitted for reconsideration 

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 25 September 2017. The delegate refused to grant the visa on 5 March 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 16 March 2018 the Tribunal received a Confirmation of Enrolment Certificate in the name of the applicant for a Bachelor of Accounting commencing on 7 May 2018 and ending on 1 May 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. The Provider Registration and International Student Management System indicates the applicant is currently enrolled and studying.

   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

   Wendy Banfield
   Member