Arora (Migration)

[2022] AATA 437

Arora (Migration) [2022] AATA 437 (25 February 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Pankaj Arora

CASE NUMBER:  2120045

HOME AFFAIRS REFERENCE(S):          BCC2021/1672692

MEMBER:Mark Bishop

DATE:25 February 2022

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 25 February 2022 at 12:55pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine access to finance – new evidence provided to tribunal, including letters from bank and accountants – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
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 (Cth) (the Act). The applicant applied for the visa on 27 August 2021. The delegate refused to grant the visa on 6 December 2021.

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

3. On 24 February 2022 the Tribunal received a written submission from the applicant. Attached to the written submission was the information necessary to satisfy the criteria set out in cl.500.214 (proof of the required funds in the name of his father on relevant bank letterhead, identity documents, letter from accountants and evidence of commencement of study (COE in Certificate III in Commercial Cookery showing commencement date of 12 July 2021).

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.

5. 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

6. 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

   Mark Bishop

   Member