Villa Montes (Migration)

[2019] AATA 6246

Villa Montes (Migration) [2019] AATA 6246 (25 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Mariana Villa Montes

CASE NUMBER:  1923224

DIBP REFERENCE(S):  BCC2019/1328069

MEMBER:Meredith Jackson

DATE:25 November 2019

PLACE OF DECISION:  Brisbane

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 25 November 2019 at 10:23am

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa– genuine applicant for entry and stay as a student–– the applicant is enrolled in a specified course– confirmation of enrolment provided –  decision under review remitted

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 15 March 2019. The delegate refused to grant the visa on 31 July 2019.

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 19 November 2019 the Tribunal received evidence in the form of a Confirmation of Enrolment (COE) for the applicant in a Certificate II in Business with a start date of 19 August 2019 and a completion date of 24 January 2020.

4. The applicant also provided documentary evidence that she has accepted an offer of enrolment in a Bachelor of Nursing at Queensland University of Technology with a start date of 24 February 2020 and completion date of 31 December 2021. The applicant claims she will be granted academic credit by QUT for a Diploma of Nursing she completed on 20 November 2016.

5. At a Tribunal hearing on 20 November 2019 the Tribunal stated it might have a concern about whether she was genuinely intending to study the course, because she had not provided a COE for the Bachelor of Nursing course and has confirmed she is not yet formally enrolled. The applicant stated that the reason she did not have a COE was that she had not paid the relevant tuition fees for the course. She was awaiting the outcome of the review and did not want to pay the fees because if the visa was refused she might not get all her fees back. She stated she may take action to pay the fees prior to a decision being made. The applicant did not seek extra time to do so.

6. At the time of this decision, the applicant is enrolled in a Certificate II in Business due to be completed in January 2020.

7. The Tribunal accepts that the applicant is enrolled in a specified course.

8. 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

9. 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

   Meredith Jackson
   Member