Abbas (Migration)

[2019] AATA 2101

Abbas (Migration) [2019] AATA 2101 (8 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Ghazanfar Abbas

CASE NUMBER:  1829053

DIBP REFERENCE(S):  BCC2018/3266579

MEMBER:Meredith Jackson

DATE:8 May 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.500.213 of Schedule 2 to the Regulations

Statement made on 08 May 2019 at 12:41pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – English requirements met –evidence provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 1, Schedule 2, cl 500.213

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 29 August 2018. The delegate refused to grant the visa on 3 October 2018.

2. The delegate made the decision on the basis that evidence of English language ability was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 8 May 2019 the Tribunal received new evidence from the applicant, a Pearson-PTE Academic Test Taker Score Report, in the applicant’s name, recording an overall score of 43 for a test taken on 30 April 2019. The required score for the Pearson Test of English is specified at Schedule 1 in an Instrument (IMMI 18/015 English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa), as 42.

4. 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

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.213 of Schedule 2 to the Regulations

   Meredith Jackson
   Member