Gomez Usme (Migration)

[2020] AATA 3221

Gomez Usme (Migration) [2020] AATA 3221 (4 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Carlos Andres Gomez Usme

CASE NUMBER:  1925228

HOME AFFAIRS REFERENCE(S):          BCC2019/1579807

MEMBER:P. Wood

DATE:4 August 2020

PLACE OF DECISION:  Melbourne, Victoria

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 4 August 2020 at 12:11pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language proficiency – evidence of specified test score and ELICOS study 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 applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 29 March 2019. The delegate refused to grant the visa on 20 August 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 applicant appeared before the Tribunal on 4 August 2020 to give evidence and present arguments.

4. The applicant provided the Tribunal evidence of having achieved a PTE score of greater than 30, together with more than the required 20 weeks of ELICOS. 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 applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.213 of Schedule 2 to the Regulations

   P. Wood
   Senior Member