KAYA (Migration)

[2020] AATA 221

KAYA (Migration) [2020] AATA 221 (31 January 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Serkan KAYA

CASE NUMBER:  1928859

HOME AFFAIRS REFERENCE(S):           BCC2019/2721910

MEMBER:P. Wood

DATE:31 January 2020

PLACE OF DECISION:  Sydney

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 31 January 2020 at 6:45pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language ability – evidence of enrolment in English language course 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 26 May 2019. The delegate refused to grant the visa on 25 September 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 31 January 2020 to give evidence and present arguments.

4. The applicant provided evidence that their principal course of study is now an ELICOS course (Tribunal folio 14). In light of the new evidence received, the Tribunal is satisfied that the cl.500.213 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