Amaiu Hallwood (Migration)

[2019] AATA 2271

Amaiu Hallwood (Migration) [2019] AATA 2271 (2 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Angelica Amaiu Hallwood

CASE NUMBER:  1816524

DIBP REFERENCE(S):  BCC2018/1215617

MEMBER:Adrienne Millbank

DATE:2 April 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:

·Public Interest Criterion 4012A for the purposes of cl.500.217 of Schedule 2 to the Regulations.

Statement made on 02 April 2019 at 3:06pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – applicant under the age of 18 – mother’s Student Guardian visa application refused – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cls 500.217, 590.216; Schedule 4, PIC 4012A

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 14 March 2018. The Delegate refused to grant the visa on 21 May 2018.

2. The Delegate made the decision on the basis that the applicant’s mother was refused a Student Guardian visa on the grounds that she did not meet cl.590.216; and details of alternative welfare arrangements not been provided, as required to satisfy Public Interest Criterion (PIC) 4012A(a) and therefore cl.500.217(2), for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 19 March 2019 the Tribunal received further evidence regarding the family’s financial capacity and has remitted the applicant’s mother’s application for a Student Guardian visa for reconsideration with the direction that she meets cl.590.216. In light of this, the Tribunal is satisfied that the criterion is met and has concluded that this matter should be remitted for reconsideration.

   DECISION

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

   ·Public Interest Criterion 4012A for the purposes of cl.500.217 of Schedule 2 to the Regulations.

   Adrienne Millbank
   Member