Kaur Brar (Migration)

[2018] AATA 2987

Kaur Brar (Migration) [2018] AATA 2987 (2 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Parmjeet Kaur Brar

CASE NUMBER:  1805316

DIBP REFERENCE(S):  BCC2017/4756923

MEMBER:M. Edgoose

DATE:2 July 2018

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 590 visa:

·cl.590.216 of Schedule 2 to the Regulations

Statement made on 02 July 2018 at 2:35pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 590 (Guardian) – Evidence of adequate financial capacity 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 590.216

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 13 December 2017. The delegate refused to grant the visa on 13 February 2018.

2. The delegate made the decision on the basis that evidence of adequate financial capacity 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 6 June 2018 to give evidence and present arguments.

4. The applicant was assisted in relation to the review by their registered migration agent.

5. The hearing was adjourned to give the applicant and their agent time to submitted further evidence of the applicant’s financial capacity. 

6. The applicant has since provided the Tribunal with documentation evidencing that she now has adequate financial capacity (AAT Folio 53b). 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

7. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 590 visa:

   ·cl.590.216 of Schedule 2 to the Regulations

   M. Edgoose
   Member