Singh (Migration)

[2018] AATA 3256

Singh (Migration) [2018] AATA 3256 (3 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sukhpreet Singh

CASE NUMBER:  1820473

DIBP REFERENCE(S):  BCC2018/1215217

MEMBER:Stephen Witts

DATE:3 August 2018

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 03 August 2018 at 8:50am

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of current enrolment provided – Decision under review affirmed

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 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 14 March 2018. The delegate refused to grant the visa on 26 June 2018.

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 Tribunal has now received evidence of current enrolment. The applicant’s PRISMS records demonstrate enrolment in a Certificate IV in Commercial Cookery which began on 30 July 2018 and is due to complete on 1 December 2019. The applicant is also enrolled in a Diploma of Hospitality Management from 27 January 2019 until 19 July 2020. 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

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

   ·cl.500.211 of Schedule 2 to the Regulations

   Stephen Witts
   Member