Batnasan (Migration)

[2020] AATA 3265

Batnasan (Migration) [2020] AATA 3265 (7 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Badamkhand Batnasan
Altangerel Lodoi - Osor

CASE NUMBER:  1922129

HOME AFFAIRS REFERENCE(S):          BCC2019/1751051

MEMBER:P. Wood

DATE:7 August 2020

PLACE OF DECISION:  Melbourne, Victoria

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

·cl.500.213 of Schedule 2 to the Regulations

Statement made on 7 August 2020 at 3:00pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language proficiency – evidence of enrolment in registered ELICOS course provided to tribunal – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), 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 Home Affairs to refuse to grant the applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 9 April 2019. The delegate refused to grant the visas on 23 July 2019.

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. The applicants appeared before the Tribunal on 7 August 2020 by telephone to give evidence and present arguments.

4. The first named applicant provided proof of her enrolment in an ELICOS course. In light of the 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 first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.213 of Schedule 2 to the Regulations

   P. Wood
   Senior Member