Khan (Migration)

[2019] AATA 6521

Khan (Migration) [2019] AATA 6521 (18 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Osama Ahmed Khan

CASE NUMBER:  1812977

DIBP REFERENCE(S):  BCC2018/1219788

MEMBER:Stephen Witts

DATE:18 November 2019

PLACE OF DECISION:  Melbourne

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

·cl.500.214 of Schedule 2 to the Regulations

Statement made on 18 November 2019 at 10:49am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Graduate Diploma of Management – evidence of genuine access to sufficient funds for stay and study in Australia provided – confirmation of enrolment provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.214

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 14 March 2018. The delegate refused to grant the visa on 2 May 2018.

2. The delegate made the decision on the basis that evidence of a genuine access to sufficient funds for his stay and study here in Australia 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 has now provided new evidence in this regard. This includes confirmation of enrolment in a Graduate Diploma of Management which began on 24 June 2019 and is due for completion on 21 June 2020. The total remaining tuition fee on this course is AU$4833 The applicant has also provided details of several bank accounts. This includes an account balance from the Meezan Bank dated 6 November 2019 with a total of AU$43,709.42 and a statement from the Habib bank dated 6 November 2019 with a total of AU$23,115. These accounts come with affidavits of support from his family.

4. The applicant has also provided bank account details of an account in his name from the ANZ bank here in Australia dated 8 November 2019 with an account balance of AU$32,000.

5. 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

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

   ·cl.500.214 of Schedule 2 to the Regulations

   Stephen Witts
   Member