Singh (Migration)

[2019] AATA 1467

Singh (Migration) [2019] AATA 1467 (26 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Dharminder Singh

CASE NUMBER:  1728167

DIBP REFERENCE(S):  BCC2017/3115583

MEMBER:M. Edgoose

DATE:26 April 2019

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.500.214 of Schedule 2 to the Regulations

Statement made on 26 April 2019 at 9:16am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine access to funds – documentation received by the Tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.214

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 29 August 2017. The delegate refused to grant the visa on 26 October 2017.

2. The delegate made the decision on the basis that evidence of having genuine access to funds 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 has since provided the Tribunal with documentation evidencing that he now has genuine access to funds and a current Confirmation of Enrolment for a Bachelor of Information Systems (AAT Folio 50) that is due to be completed by 31 July 2019.

   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.500.214 of Schedule 2 to the Regulations

   M. Edgoose
   Member