Singh (Migration)

[2018] AATA 2193

Singh (Migration) [2018] AATA 2193 (11 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Paramjeet Singh

CASE NUMBER:  1704628

DIBP REFERENCE(S):  BCC2016/3239144

MEMBER:Lilly Mojsin

DATE AND TIME OF

ORAL DECISION AND REASONS:        11 April 2018 at 12:35 pm (NSW time)

DATE OF WRITTEN RECORD:               3 May 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to grant the applicant a Student Temporary Class TU visa.

Statement made on 03 May 2018 at 3:18pm

CATCHWORDS
Migration– Student (Temporary) (Class TU) visa – Subclass 572 (Vocational Education and Training Sector visa) – Genuine access to funds – Not enrolled in a course of study– Decision under review affirmed

LEGISLATION
Migration Act 1958, ss 65, 499
Migration Regulations 1994, Schedule 2, cls 500.11, 500.211, 500,214, 500.218

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 27 February 2017 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).

2. At the hearing on 11 April 2018 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. The applicant applied for the visa on 29 September 2016.  At the time of application class TU contained two subclasses, subclass 500 Student and subclass 590 Student Guardian.  The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a subclass 590 student guardian visa.

4. The delegate in this review refused to grant the visa on the basis that the applicant did not satisfy clause 500.214 of Schedule 2 to the Migration Regulations because the delegate was not satisfied that the applicant, while holding a student visa, will have sufficient funds available to meet costs and expenses during his intended stay in Australia.

5. The applicant applied for review of that decision to this Tribunal on 13 March 2017, attaching a copy of the Department's decision. The criterion for a subclass 500 student visa are set out in part 500 of Schedule 2 to the Regulations. The primary criteria in clauses 500.211 to clauses 500.218 must be satisfied by the applicant.

6. Clause 500.211 relevantly requires that at the time of this decision the applicant is enrolled in a course of study.  The course of study is relevantly defined in clause 500.11 of the regulations as a fulltime registered course.  The Tribunal confirmed with the applicant that he is not currently enrolled in a fulltime registered course.  He has not provided a confirmation of enrolment or any other documents to show he is currently enrolled in a course of study.

7. Therefore, the Tribunal is not satisfied that at the time of this decision the applicant is enrolled in a course of study and accordingly clause 500.211 is not met. 

8. Given the above findings the Tribunal finds that the criteria for the grant of a subclass 500 student visa are not met.

9. The applicant does not claim to meet the criteria for a subclass 590 student guardian visa.  Accordingly, the decision under review must be affirmed.

   DECISION

10. The Tribunal affirms the decision not to grant the applicant a Student Temporary Class TU visa.

    Lilly Mojsin
    Member