Australian Government Department of Immigration and Citizenship Client File Number: CLF2009/77696 Transaction Reference Number (TRN): EGNSSUIZZ1 Ms Kalpana SHARMA BK EDUCATIONAL & MIGRATION SERVICES SUITE 1410, LEVEL 14, 227 COLLINS STREET MELBOURNE VIC 3000 Permission Request ID: 1725528626 Client ID : 92769158284 HARMINDER SINGH 28/09/1989 Dear Ms Kalpana SHARMA Application for a Class TU visa by HARMINDER SINGH lodged on 03 June 2009. After assessment against the relevant migration legislation, I have decided to refuse the grant of a visa to the above mentioned applicant. The reasons for the decision are set out in the attached decision record. Please note that this decision is not subject to merits review and there is no refund of the visa application charge. If the applicant wishes to apply for another visa in the future, they may do so. The applicant should be aware that a new non-refundable visa application charge will apply. Yours sincerely Renata Cholewa Delegate of the Minister for Immigration Position No: 60000393 06 August 2009 Decision Record Client ID: 92769158284 Applicant Name of Applicant (intending student): HARMINDER SINGH Application details Visa class: Student (Temporary) (Class TU) Date lodged: 03 June 2009 Migration law and prescribed criteria The legal criteria for the grant of a student visa are set out in the Migration Act 1958 and the Migration Regulations 1994. All applicants are assessed against these criteria, and there is no discretion for decision-makers to grant a visa to an applicant who does not satisfy all the relevant criteria. Intended course(s) Confirmation of Enrolment number(s): 35B3AA74 Assessment HARMINDER SINGH The applicant is enrolled in, or has been offered a place in, a principal course of study that has been specified by Gazette Notice as a type of course for a subclass 572 visa. Accordingly, the applicant has been primarily assessed against the criteria for the grant of a subclass 572 visa. The applicant did not satisfy Regulation 572.223(2)(a)(i)(B) for the following reasons: In order to meet the financial requirements of this application, Clause 5A405(1) of Schedule 5A of the Migration Regulations (1994) states that the applicant must provide evidence of funds from an acceptable source that are sufficient to meet their course fees, living, school and travel costs for the first 36 months of their study in Australia. Investigations undertaken by this office found information that was inconsistent with the financial claims made in the application. I am therefore not satisfied that the applicant meets the financial requirements for this visa specified at Regulation 572.223. The criteria in the subclass 572 visa regulations that the applicant(s) did not satisfy are set out at the end of this decision record. The applicant(s) have also been considered against the other subclasses within Student (Temporary) (Class TU): subclasses 570, 571, 573, 574, 575 and 576. The applicant did not satisfy the primary criteria for any of these subclasses because they: • were not enrolled in, or had not been offered a place in, a principal course of study that had been specified by Gazette Notice as a type of course for any of these subclasses (Regulation 570.223, 571.232, 573.231, 574.231 and 575.231); and • did not have the support of the AusAID Minister or the Defence Minister for the grant of the visa (Regulation 576.229). The applicant did not satisfy the secondary criteria for the grant of any subclass of student visa within Student (Temporary) (Class TU) because they are not a member of the family unit of a person who: • is the holder of a subclass of student visa within Student (Temporary) (Class TU); or • satisfies, or has satisfied, the primary criteria for the grant of a subclass of student visa within Student (Temporary) (Class TU) (Regulation 570.322, 571.322, 572.322, 573.322, 574.322 and 575.322); and • had the support of the AusAID Minister or the Defence Minister for the grant of the visa (Regulation 576.322). As the application was not made on form 157G (Application for a Student Guardian visa), it was not a valid application for grant of a subclass 580 Student Guardian visa (Item 1222(1)(ca) of the Migration Regulations). Decision I am not satisfied that the applicant(s) in this case satisfy the prescribed criteria for any subclass of visa within Student (Temporary) (Class TU). I therefore refuse to grant a Student (Temporary) (Class TU) visa to the applicant(s) listed above. Renata Cholewa Delegate of the Minister for Immigration Position No: 60000393 06 August 2009 Criteria in the Migration Regulations not satisfied Regulation 572.223(2)(a)(i)(B) (2) An applicant meets the requirements of this subclause if: (a) for an applicant who is not a person designated under regulation 2.07AO: (i) the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 572 and the assessment level to which the applicant is subject, in relation to: (B) the financial capacity of the applicant to undertake each of those courses of study without contravening any condition of the visa relating to work. The following Schedule 5A requirement was not satisfied (5A405): 1) The applicant must give, in accordance with this clause: (a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 36 months: (i) course fees; (ii) living costs; (iii) school costs; and (aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicants proposed stay in Australia after the first 36 months; and (b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and (c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual. (1A) If the applicant is: (a) fully funded; or (b) an applicant: (i) who is not funded, wholly or partly, by: (A) the Commonwealth Government, or the government of a State or Territory; or (B) the government of a foreign country; or (C) a multilateral agency; and (ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and (iii) for whom, if applying in Australia, the proposed period of stay will result in the applicants total period of lawful stay in Australia being less than 12 months; or (c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary persons full period, assessed for the primary person alone, will be met by: (i) a provincial or state government in a foreign country, with the written support of the government of that country; or (ii) an organisation specified by the Minister in a Gazette Notice for this paragraph; the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicants family unit who is not a family applicant. (2) In this clause: acceptable individual means one or more of the following: (a) the applicant; (b) the applicants spouse; (c) the applicants parents; (d) the applicants grandparents; (e) the applicants brothers and sisters;(f) an uncle or aunt of the applicant who is: (i) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and (ii) usually resident in Australia. financial support, from an applicants proposed education provider, means: (a) a scholarship that: (i) is awarded on the basis of merit and an open selection process; and (ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and (iii) is awarded to the greater of: (A) not more than 10% of overseas students in a course intake; and (B) not more than 3 overseas students in a course intake; or (b) a waiver of the applicants course fees carried out in the following circumstances: (i) the applicant is part of an exchange program that involves: (A) a formal agreement between an education provider and an education institution in a foreign country; and (B) the reciprocal waiver of course fees as part of that agreement; (ii) the applicant proposes to study full-time; (iii) the applicants proposed studies will be credited to a course undertaken by the applicant in the applicants home country. funds from an acceptable source means one or more of the following: (a) if the applicant: (i) has successfully completed at least 75% of the requirements for his or her principal course; and (ii) has applied for the visa in order to complete the course; and (iii) does not propose to undertake any further course; a money deposit held by an acceptable individual; (aa) if paragraph (a) does not apply - a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application; (b) financial support from: (i) the applicants proposed education provider; or (ii) the Commonwealth Government, or the government of a State or Territory; or (iii) the government of a foreign country; or (iv) a corporation that: (A) conducts commercial activities outside the country in which it is based; and (B) employs the applicant in a role in relation to which the applicants principal course is of direct relevance; or (v) a multilateral agency; or (vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or (vii) an organisation specified by the Minister in a Gazette Notice for this subparagraph; or (viii) an acceptable non-profit organisation; (c) a loan from a financial institution that is made to, and held in the name of, an acceptable individual; (d) a loan from the government of the applicants home country.
Posted on: Tue, 16 Dec 2014 07:37:40 +0000