CALIXIHAN (Migration)

[2018] AATA 703

CALIXIHAN (Migration) [2018] AATA 703 (19 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms WYNDHELYN CALIXIHAN

CASE NUMBER:  1702377

DIBP REFERENCE(S):  BCC2016/3292493

MEMBER:Wendy Banfield

DATE:19 March 2018

PLACE OF DECISION:  Sydney

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

·cl.500.213 of Schedule 2 to the Regulations

Statement made on 19 March 2018 at 10:58pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 – Completed a Certificate IV course – Did not provide evidence to the Department – New evidence – Satisfied the requirements

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994 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 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 5 October 2016. The delegate refused to grant the visa on 3 February 2017.

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. On 19 March 2018 the Tribunal received evidence dated 13 February 2017 showing the applicant has completed a Certificate IV in Disability. According to the Department’s decision, the applicant was required to demonstrate that in the two years before applying for a Subclass 500 visa, she had successfully completed a substantial component of a course at Certificate IV level or higher. Although the applicant has completed a Certificate IV course that meets the requirements, she had not provided the evidence to the Department before a decision was made in her case.

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.

   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.500.213 of Schedule 2 to the Regulations

   Wendy Banfield
   Member