Jerono (Migration)

[2018] AATA 2954

Jerono (Migration) [2018] AATA 2954 (26 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Jael Jerono
Mr David KIPCHIRCHIR Koech
Ms Anabelle Cherop KOECH
Ms BLAIRE CHEPTOO KOECH

CASE NUMBER:  1614115

DIBP REFERENCE(S):  BCC2016/1129895

MEMBER:Wendy Banfield

DATE:26 June 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 573 visa:

·cl.572.223(2) of Schedule 2 to the Regulations

·

cl.572.322 of Schedule 2 to the Regulations

Statement made on 26 June 2018 at 3:29pm

CATCHWORDS
Migration– Student (Temporary) (Class TU) visa – – Subclass 573 (Higher Education Sector visa) – Genuine access to funds – Sufficient evidence provided – Decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cls 572.223, 572.322, Schedule 5A

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 15 March 2016. The delegate refused to grant the visas on 25 August 2016.

2. The delegate made the decision on the basis that evidence of access to funds requested in accordance with Schedule 5A was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 5 January 2018 the Tribunal received bank statements in the name of the applicant indicating a balance of $50,389.01. The balance had been held by the applicant since at least October 2017. 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

4. The Tribunal remits the application for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 572 visa:

   ·cl.572.223(2) of Schedule 2 to the Regulations

   ·cl.572.322 of Schedule 2 to the Regulations.

   Wendy Banfield
   Member