KIM (Migration)

[2019] AATA 4832

KIM (Migration) [2019] AATA 4832 (17 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  YOONKYOUNG KIM
BUMHYUN HAN

CASE NUMBER:  1824744

DIBP REFERENCE(S):  BCC2018/2334233

MEMBER:P. Wood

DATE:17 October 2019

PLACE OF DECISION:  Sydney

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

·cl.500.213 of Schedule 2 to the Regulations

Statement made on 17 October 2019 at 1:15pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa– evidence of English language ability provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, 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 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 30 May 2018. The delegate refused to grant the visas on 10 August 2018.

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 has since provided evidence of achieving a satisfactory IELTS score, packaged with 10 weeks of ELICOS. 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 first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.213 of Schedule 2 to the Regulations

   P. Wood
   Senior Member