Ajmal (Migration)

[2020] AATA 1986

Ajmal (Migration) [2020] AATA 1986 (12 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Muhammad Zeeshan Ajmal

CASE NUMBER:  1928227

HOME AFFAIRS REFERENCE(S):          BCC2019/4045922

MEMBER:M. Edgoose

DATE:12 June 2020

PLACE OF DECISION:  Melbourne

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

·cl.500.214 of Schedule 2 to the Regulations

Statement made on 12 June 2020 at 11:52am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine access to funds – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 500.214

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 Home Affairs 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 August 2019. The delegate refused to grant the visa on 18 September 2019.

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

3. On 11 June 2020 the Tribunal received documentation evidencing that the applicant now has adequate genuine access to funds and enrolment in approved courses. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   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.500.214 of Schedule 2 to the Regulations

   M. Edgoose
   Member