Choda (Migration)

[2018] AATA 3267

Choda (Migration) [2018] AATA 3267 (14 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Tenzin Choda

Mrs Tshering Dema

CASE NUMBER:  1712663

DIBP REFERENCE(S):  BCC2017/1002432

MEMBER:Stephen Conwell

DATE:14 August 2018

PLACE OF DECISION:  Melbourne

DECISION: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.

The Tribunal has no jurisdiction with respect to the secondary applicant.

Statement made on 14 August 2018 at 4:04pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Primary applicant – English Language ability – Evidence of IELTS scores – Decision under review remitted for reconsideration

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 Immigration 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 14 March 2017. The delegate refused to grant the visas on 31 May 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 4 July 2018, the Tribunal was notified by the applicants’ representative, that Mrs Tshering Dema, the second named visa applicant, wished to withdraw her application for a review of the decision to refuse her application for a Student visa, as she had been granted a permanent (sub-class 190) visa .  The Tribunal has consented to this request.

4. On 25 July 2018 the Tribunal received evidence of the applicant’s IELTS test which he sat on 16 February 2017. His Overall Band Score of 5.0 combined with the 10 weeks ELICOS course he completed on 22 September 2017 meet the legislative requirements.  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 first-named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.213 of Schedule 2 to the Regulations.

6. The Tribunal has no jurisdiction with respect to the secondary applicant.

   Stephen Conwell
   Member