Singh (Migration)

Case

[2019] AATA 2208

27 February 2019


Details
AGLC Case Decision Date
Singh (Migration) [2019] AATA 2208 [2019] AATA 2208 27 February 2019

CaseChat Overview and Summary

The applicant sought review of a decision concerning their application for a Subclass 500 (Student) visa. The dispute centred on whether the applicant had provided sufficient evidence to satisfy the enrolment status criterion for the visa.

The Tribunal was required to determine if the applicant met the enrolment status criterion for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, in light of new evidence provided after the initial decision.

The Tribunal considered the Confirmation of Enrolments for a Certificate III in Commercial Cookery, Certificate IV in Commercial Cookery, and a Diploma of Hospitality Management, which were submitted by the applicant. Being satisfied that this new evidence demonstrated compliance with the enrolment criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the applicant meets the specified criteria for the visa.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

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