Shrestha (Migration)

[2022] AATA 1860

Shrestha (Migration) [2022] AATA 1860 (26 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Bibek Shrestha

REPRESENTATIVE:  Mr Deepak Kumar Chettri (MARN: 1570187)

CASE NUMBER:  2203705

HOME AFFAIRS REFERENCE(S):          BCC2020/1289343

MEMBER:Wendy Banfield

DATE:26 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 26 April 2022 at 3:33pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa– currently enrolled in a registered course of study – current confirmation of enrolment– 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 31 March 2020. The delegate refused to grant the visa on 25 February 2022.

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 8 April 2022 the Tribunal received Confirmation of Enrolment in the name of the applicant for a General English course. 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