Guevara Fonseca (Migration)

[2016] AATA 1399

Guevara Fonseca (Migration) [2016] AATA 1399 (13 June 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Stephanie Ameli Guevara Fonseca

CASE NUMBER:  1812882

DIBP REFERENCE(S):  BCC2018/1126583

MEMBER:Meredith Jackson

DATE:13 June 2016

PLACE OF DECISION:  Brisbane

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 13 June 2018 at 2:45pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of English language ability not provided to the Department – Evidence subsequently provided to the Tribunal – Decision remitted with direction

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 applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 9 March 2018. The delegate refused to grant the visa on 19 April 2018.

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 21 May 2018 the Tribunal received evidence of the applicant’s English language proficiency in an IELTS Test Report Form consistent with the evidentiary requirements set out in the relevant instrument, English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas (the English Instrument). The IELTS Test Report records an Overall Band Score of 5.5 for the applicant in a test taken on 5 May 2018.

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

   Meredith Jackson
   Member