RUSSO CAMPOS (Migration)

[2022] AATA 1906

RUSSO CAMPOS (Migration) [2022] AATA 1906 (22 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Caio RUSSO CAMPOS

REPRESENTATIVE:  Mrs Monica Sofia Fernandes (MARN: 1463596)

CASE NUMBER:  2119166

HOME AFFAIRS REFERENCE(S):          BCC2021/310759

MEMBER:Wendy Banfield

DATE:22 April 2022

PLACE OF DECISION:  Canberra

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 22 April 2022 at 3:53pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – applicant is currently enrolled – current confirmation of enrolment provided– decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360

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 Home Affairs to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 3 March 2021. The delegate refused to grant the visa on 25 November 2021.

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 (Cth) (the Regulations).

3. On 9 February 2022 the Tribunal received a Confirmation of Enrolment for a Graduate Diploma of Management (Learning) in the name of the applicant from 28/02/2022 to 12/03/2023. 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 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 500.211 of Schedule 2 to the Regulations

   Wendy Banfield
   Member