Request for Subclass 500 (Student) Visa for Jordan

Assessment
Professional Task

TASK
ABC Block,
XYZ Office,
Minister of Australia.
Respected Sir,
I am writing this letter as a Migration agent on the behalf of my client Jordan for setting aside his
Tribunal decision by substituting it with grant of Subclass 500 (Student) visa. Considering the
following statement, I would like to give you some details about my client which are as follows:
 Jordan arrived in Australia on 19 January 2018 on a Subclass 500 (Student) visa with the
purpose of studying Bachelor of Music at Western Sydney University, which is to be
concluded in January 2021.
 The music career of Jordan took off by huge success of his songs with his band of three
Australian citizens who were considered as Non-Jordans in consecutive years of 2018,
2019, 2020 and 2021 by chartering in top 10 of ARIA Albums Chart.
 Due to his musical success and exhausting tour schedule, he was not able to attend
numerous classes at WSU but submitted all assessments which were considered of low
quality by university.
 After failing in three subjects with bad performance in the class, he was require to appear
before the university in December 2020 for justifying his continuation in the course of
Bachelor of Music and was not able to respond to university request due to his extended
tour of the Northern Territory which had limited internet access 1. The university after
giving various opportunities finally cancelled his enrolment in January 2021, which was
shortly before his original schedule of being graduate.
 The cancellation of his enrolment in university led him to re-enrolment in a two year
Certificate 4 in Music at Christopher's College of Music, which was a private tertiary
institution in Newtown. He further made an application for another Subclass 500
(Student) visa on basis of his enrolment in February 2021 for which he was granted a
bridging visa as being second Student visa to consistently remain in Australian
community.
1 "“DABUS”" (2022) 53(4)

 The department of Music at Christopher College, was not notified about his cancellation
of enrolment due to technical glitch and that his original Student visa has expired in
March, 2021.
 Following the above situation in June 2021, Jordan's Student visa application was denied
or refused by a Delegate of the Minister as he was not satisfied with his entry and stay as
a student being genuine applicant and also do not justify cl 500.212 of Schedule 2 of
Migration regulations. Jordan appealed for Delegate's decision to be reviewed by the
Appeal Tribunal2.
Considering the above matter, I request you to solve it with your authority and power mentioned
in Sec 351 of Migration Act and Minister's guidelines on ministerial powers with Section 351,
417 and 501J for setting aside tribunal decision and granting Jordan the Subclass 500 (Student)
visa.
Migration Act – Sec 351 :
1. The decision of Tribunal may be substituted by the Minister, if he thinks so in
consideration with public interest.
2. The Minister is not bound to exercise his powers and is neither bound by any other
provisions of the act.
3. The Minister solely or personally has the authority to exercise such power.
4. The Minister has to state reasonable reasons or give reasonable statement before the
house of Parliament, if he substitutes a decision stating that :
(a) the decision of the Tribunal is to be set aside.
(b) the decision is to be substituted or set aside by the Minister.
(c) to state specific or reasonable reasons for substituting his decision in interest of public.
5. It does not include the following things :
(a) the identity of the person who is applying for relief, or
(b) it is on the desire of the concerned authority to publish or not the name of the applicant in
public interest.
6. Such statement is to be made within 15 days of sitting before the house of Parliament
stating that :
2 "“Vorwerk”" (2021) 52(7)