Singh (Migration)

[2020] AATA 5238

Singh (Migration) [2020] AATA 5238 (30 November 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Yadwinder Singh

CASE NUMBER:  1905120

HOME AFFAIRS REFERENCE(S):          BCC2018/5715001

MEMBER:Vanessa Plain

DATE:30 November 2020

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.500.212 of Schedule 2 to the Regulations

Statement made on 30 November 2020 at 5:00pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – documentary evidence of study and business plans not provided to department with application – detailed plans provided to tribunal on review – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212

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 19 December 2018. The delegate refused to grant the visa on 19 February 2019.

2. The delegate made the decision on the basis that evidence of:

   ·Significant economic circumstances in India

   ·Detailed knowledge of chosen course

   ·A demonstration as to who the proposed course would benefit future remuneration level significantly

   ·Business plan/objective

   ·Explanation as to why the applicant has not sought the benefits of further education to advance their career prospects before the current time

   was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 12 June 2020, the Tribunal received notice from the applicant that he consented to a hearing and determination of his application without attending a hearing at the Tribunal. 

4. Further, the applicant provided the following further documents specifically addressed to the concerns raised by the delegate, as follows:

   ·Detailed legal submissions

   ·GTE Statement

   ·Response to request for student visa information

   ·Financial documents evidencing economic circumstances in India

   ·Business plan

   ·Employment letter of reference

5. 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

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.212 of Schedule 2 to the Regulations

   Vanessa Plain
   Member