Angkurawirote (Migration)

[2020] AATA 3936

Angkurawirote (Migration) [2020] AATA 3936 (9 July 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Chatlada Angkurawirote

CASE NUMBER:  1912209

DIBP REFERENCE(S):  BCC2019/27905

MEMBER:Vanessa Plain

DATE AND TIME OF

ORAL DECISION AND REASONS:         9 July 2020 at 1:40 pm (VIC time)

DATE OF WRITTEN RECORD:                23 July 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the decision under review with the direction that the applicant meets the following criteria for a subclass 500 student visa.

Statement made on 23 July 2020 at 10:17pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa– extensive nature of the new evidence – economic and financial ties to her home country – exemplary academic record of achievement –detailed GTE Statement provided– decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 359
Migration Regulations 1994, Schedule 2, cl 500.212

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 2 May 2019 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).

2. At the hearing on 9 July 2020 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 2 May 2019 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under section 65 of the Migration Act 1958.

4. This is an oral decision in case number 1912209.  The applicant in this case applied for the visa on 31 January 2019.  The delegate’s decision record demonstrates that the delegate made their decision on the basis that the applicant had failed to provide evidence of strong employment and economic circumstances in their home country and had failed to clearly articulate the career path the applicant wished to pursue after completing a suite of courses in cookery and hospitality.

5. The decision record further provides that at the time of the visa application, there was insufficient information before the delegate to satisfy the delegate that the applicant met the requirements for the grant of a student visa pursuant to clause 500.212(a) of schedule 2 to the Migration Regulations 1994.

6. The non-provision of the abovementioned information is the reason or a substantial part of the reason for the delegate forming the view that the applicant did not satisfy various criteria for the grant of a student visa under the Migration Regulations.

7. Prior to the hearing on 9 July 2020, the Tribunal wrote to the applicant pursuant to section 359(2) of the Act and requested the applicant provide information to the tribunal.  In response to that request the applicant provided a suite of material that may be described as follows.

   1.An extensive genuine temporary entrant statement signed and dated 22 April 2020.

   2.A suite of academic documents evidencing the applicant’s prior study history and study history in Australia.

   3.An extensive response to request for student information pursuant to section 359(2) of the Act.

   4.A letter of employment certification dated 18 January 2017 from the applicant’s former employer in her home country.

   5.And an extensive five-page business plan for the Lullaby Thai Fusion Restaurant and Bar.

   6.Three confirmations of enrolment being a Certificate III in Commercial Cookery.  Secondly, a Certificate IV in Commercial Cookery and a Diploma of Hospitality and Management.

   7.In light of the extensive nature of the new evidence received the tribunal is satisfied that the criteria for the grant of a subclass 500 student visa are met. 

   8.The reason the tribunal is satisfied that the criteria are met is that the applicant has plainly provided objective documentary evidence to address the concerns outlined by the delegate in the decision record.

   9.Specifically, the tribunal notes that the letter of employment from the applicant’s former employer in Thailand demonstrates the strong economic circumstances she had in Thailand prior to undertaking studies in Australia.  The extensive business plan for the Lullaby Thai Fusion Restaurant clearly demonstrates that the applicant has put a tremendous amount of thought and effort into the business she proposes to undertake in her hometown in Thailand at the conclusion of her current courses of study.

   10.On the basis of the substance of that document the tribunal is satisfied that the applicant has demonstrated the value of the course she is currently studying, to her future.

   11.The tribunal also notes that the applicant has submitted a suite of financial documents evidencing the financial holdings of the applicant and her family in Thailand.  Those documents clearly establish that the applicant and her family own three premises in Thailand to the value of approximately $45,000.

   12.On the basis of those matters the tribunal is satisfied that the applicant has objectively established reasonable economic and financial ties to her home country and that she has established the value of the course to her future.

   13.The tribunal has also had regard to the fact that the applicant has an exemplary academic record of achievement in Australia.  She has been in Australia for a relatively short time and during that time the academic documents she has submitted to the tribunal plainly and clearly establish that she has been attending her classes and progressing academically, which is a characteristic consistent with that of a genuine student and genuine temporary entrant.

   14.The tribunal notes that since the time of application for the visa the applicant has successfully completed her Certificate III in Cookery.  The document entitled “Grades of Attainment” demonstrates that the applicant has a month more of study before she completes successfully her Certificate IV in Commercial Cookery and then she is scheduled to undertake a Diploma of Hospitality and Management, which is scheduled to conclude in March 2021.

   15.On the basis of the academic documents the applicant has submitted the tribunal is satisfied that she is attending classes and progressing academically, which is consistent with the conduct of a genuine student and genuine temporary entrant.

   16.On the basis of all the above matters the tribunal is satisfied that the criteria are met and that this matter should be remitted to the Department for reconsideration with the direction that the applicant satisfies the criteria set out in clause 500.212(a) of schedule 2 to the Migration Regulations 1994.

   17.The tribunal remits the application for reconsideration with the direction that the applicant meets the following criteria for a subclass 500 student visa, clause 500.212(a) of schedule 2 to the Migration Regulations 1994.

   DECISION

8. The Tribunal remits the decision under review with the direction that the applicant meets clause 500.212(a) of schedule 2 to the Regulations for a subclass 500 student visa.

   Vanessa Plain
   Member