Sanchez Gomez (Migration)

[2021] AATA 948

Sanchez Gomez (Migration) [2021] AATA 948 (22 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Sandra Milena Sanchez Gomez

CASE NUMBER:  1912527

HOME AFFAIRS REFERENCE(S):          BCC2017/864444

MEMBER:Warren Stooke AM

DATE:22 February 2021

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.500.211 of Schedule 2 to the Regulations

Statement made on 22 February 2021 at 12:32pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment status – copy of COE provided to the Tribunal – decision under review remitted

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 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 5 March 2017. The delegate refused to grant the visa on 13 May 2019.

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 applicant appeared before the Tribunal on 17 February 2021 to give evidence and present arguments.

4. The applicant was represented by her representative at the hearing.

5. The applicant stated that she understood the application was refused by the Delegate because she did not submit a COE with her application and that she was about to leave temporarily for Columbia to visit her family at the time of application and that there was no further request for information.

6. The applicant stated that she arrived in Australia in March 2013 and was currently employed in a management role with a cleaning company and has earnings of $4,000 per fortnight.

7. At the hearing the Tribunal received confirmation from the applicant that she had enrolled in a course of study to undertake a Graduate Diploma of Management (Learning) at York Business Institute Pty Ltd from 12 April 2021 to 9 April 2023 at a cost of $14,500. A copy of the COE was provided to the Tribunal prior to the hearing. 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.

   DECISION

8. 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

   Warren Stooke AM
   Member