QIN (Migration) [2019] AATA 1448 (15 April 2019)

Last Updated: 26 June 2019

QIN (Migration) [2019] AATA 1448 (15 April 2019)

DECISION RECORD

DIVISION: Migration & Refugee Division

APPLICANT: Mr YONGLIN QIN

CASE NUMBER: 1718936

DIBP REFERENCE(S): BCC2017/2408838

MEMBER: Lynda Young

DATE AND TIME OF

ORAL DECISION AND REASONS: 15 April 2019 at 2:18 pm (NSW time)

DATE OF WRITTEN RECORD: 29 April 2019

PLACE OF DECISION: Sydney

DECISION: The Tribunal affirms the decision under review.


CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment status – applicant not enrolled in a course of study at time of decision – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.211

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 20 August 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 15 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. In this matter, which is the matter of Mr. Yonglin Qin, matter number 1718936, the application is an application for review of the decision made by the delegate in respect of an application for a student visa made on 15 March 2017 the refusal of which was provided on 1 August 2017 and that’s the decision for review today.
4. The applicant gave evidence today that he is not, as at today, enrolled in a registered course of study.
5. Although the issue for review was in respect of the genuine temporary entrant criteria, the issue now is whether at the time of this decision the applicant meets the enrolment requirements for a student visa.
6. With limited exceptions, the regulations require, at the time of the decision, an applicant must be enrolled in, or be the subject of a current offer of enrolment in, a course of study that is a principal course and of the type specified for the subclass at the time of the application. This requirement does not apply to certain ‘eligible higher degree students’, ‘eligible University exchange students’, and ‘eligible non-award student’. There is no evidence before the Tribunal that the applicant is an eligible high degree student as defined or an eligible University exchange or eligible nonaward student as defined.
7. There is no evidence before the Tribunal that the applicant is enrolled, and indeed the evidence before the Tribunal is that the applicant is not enrolled and does not have any offer of enrollment in an applicable course of study. Additionally there is no evidence applicant meets the criteria for either an ausAID or defence sector subclass visa or a subclass 590 student guardian visa. The applicant is neither supported by the relevant minister as required by clause 500.211, or has made the visa application on the basis of being a student guardian.
8. For these reasons the decision under review must be affirmed.
9. The Tribunal affirms the decision to not grant the applicant a Student (Temporary) (Class TU) Subclass 500 visa

DECISION

10. The Tribunal affirms the decision under review.

Statement made on 29 April 2019 at 2:54pm
Lynda Young
Member