Jonathan (Migration)

[2020] AATA 2966

Jonathan (Migration) [2020] AATA 2966 (13 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr. Jonathan Jonathan

CASE NUMBER:  1828234

HOME AFFAIRS REFERENCE(S):          BCC2018/2640741

MEMBER:P. Adami

DATE:13 May 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.500.212(a) of Schedule 2 to the Regulations

Statement made on 13 May 2020 at 11:10am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – value of studies to future career – plans to return to Indonesia and manage family business – decision under review remitted          

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2 cl 500.212

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 14 July 2018. The delegate refused to grant the visa on 13 September 2018.

2. The delegate made the decision on the basis that evidence:

   “in regards to personal circumstances, academic background, choice of units and further educational goals does not demonstrate consistency and how these intended courses will improve applicant's employment prospects and remuneration circumstances in the home country.”

   The delegate also had regard to the applicant’s immigration history. The delegate cursorily concluded the applicant did not intend to genuinely stay temporarily in Australia and therefore did not satisfy the criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. In response to the Tribunal’s 25 March 2020 ‘Invitation to Provide Information’ and the extension to provide information by 22 April, on 17 April 2020 the Tribunal received various documents in support of his application for review. These documents included a completed ‘Request for Student Visa Information’ and an Enrolment Verification letter from his current education provider Australia Institute of Innovation & Technology dated 27 March 2020 showing the applicant is currently studying a Diploma of Leadership & Management, which course will end 5 July 2020. The letter also states that the applicant is enrolled in the Advanced Diploma of Leadership and Management which course will commence on 6 July 2020 and end on 22 August 2021. The applicant also filed a Certificate of Completion of the Certificate IV in Leadership and Management issued to him dated 21 June 2019 and Record of Results for same.

4. The applicant consented to the Tribunal deciding its review without a hearing.

5. The applicant arrived 10 May 2018, and proposed to study the packaged course comprising of the courses set out above. The applicant is progressing in this study programme. The applicant does not propose further study in the Request for Student Visa Information. The applicant is doing what all students should do; he is studying in an approved course and progressing.

6. The applicant listed that he had been to the Maldives in June 2017 for an 8 day holiday, and that he had an Australian student visa application refused on 26 June 2018. The reason for this refusal was not set out by the delegate in their decision, but was relied on as a basis for refusing his visa application, the review of which gives rise to this application to the Tribunal.

7. In regards to the applicant’s employment plans and benefit of the proposed study, the applicant states, “Once I finish with my study, I will return to my home country, Indonesia, and help improving my mother business even more by having a leader that can manage the business as well as the employee. By studying this course I will learn how to improved productivity of the workforce, increased awareness of diversity in the workforce so there will be less conflict between the employees, facilitate innovation and creativeness to help improving the company system, as well as managing risk and make better decision for the business future success. I can also get many benefits by studying this course such as, improving my ability to succeed under pressure, Improving my charisma and seriousness in business operations, and growth in my confidence. I believe being a leader or manager in a business is a hard thing to do if you do not have the right skills and knowledge to do the job. That is why I really need to study it so I can get the knowledge and skills needed to become a good manager for my mother business in the future.”

8. The applicant lists that his parents and 2 sisters live in Indonesia, and nil community ties in Australia. The applicant discloses no employment history in Australia. The applicant has no concerns about military service commitments or civil or political unrest in Indonesia.

9. In light of the new evidence received that the applicant is progressing in his studies and that he intends to return to Indonesia upon completing the Advanced Diploma of Leadership and Management in August 2021, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

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

    ·cl.500.212(a) of Schedule 2 to the Regulations

    P. Adami
    Member