SUMANPREET KAUR (Migration)

[2018] AATA 207

SUMANPREET KAUR (Migration) [2018] AATA 207 (5 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss SUMANPREET KAUR

CASE NUMBER:  1728847

DIBP REFERENCE(S):  BCC2017/3237283

MEMBER:Wendy Banfield

DATE:5 February 2018

PLACE OF DECISION:  Sydney

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 05 February 2018 at 9:54pm

CATCHWORDS

Student (Temporary) (Class TU) – Subclass 500 (Student) – Conditional offer of Enrolment supplied to the Tribunal – Conditions satisfied

LEGISLATION
Migration Act 1958, s 65

Migration Regulations 1994, 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 6 September 2017. The delegate refused to grant the visa on 4 November 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. On 20 December 2017 the Tribunal received a COE in the applicant’s name confirming enrolment in a Master of Professional Accounting at Holmes Institute. The applicant also submitted a BUPA Verification Letter of Overseas Student Health Cover for the period 27 June 2016 to 31 July 2018. 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

   Wendy Banfield
   Member