Singh (Migration)

[2018] AATA 3124

Singh (Migration) [2018] AATA 3124 (20 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Rajinder Singh

CASE NUMBER:  1724477

DIBP REFERENCE(S):  BCC2017/1214238

MEMBER:P. Wood

DATE:20 July 2018

PLACE OF DECISION:  Melbourne, Victoria

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 20 July 2018 at 5:45pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of enrolment in a course of study – Decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth),r 1.03 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 30 March 2017. The delegate refused to grant the visa on 19 September 2017.

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. At a hearing of the Tribunal on 16 July 2018 the applicant provided a copy of his confirmation of enrolment in a Diploma of Business vet level course at the Barkly International College. 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

   P. Wood
   Senior Member