Korada (Migration)

[2022] AATA 1848

Korada (Migration) [2022] AATA 1848 (27 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Nischal Chandra Korada

REPRESENTATIVE:  Mr Mohammad Ahasan Ali (MARN: 0851085)

CASE NUMBER:  2200063

HOME AFFAIRS REFERENCE(S):          BCC2020/2903377

MEMBER:Mark Bishop

DATE:27 April 2022

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 27 April 2022 at 10:01am

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – adequate evidence of genuine access to funds provided– decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 499

Migration Regulations 1994, 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 Home Affairs to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 30 December 2020. The delegate refused to grant the visa on 14 December 2021.

2. The delegate made the decision on the basis that evidence of Genuine Access to Finance was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. The applicant appeared before the Tribunal on 27 April 2022. The applicant was assisted by his Migration Agent (MA)

4. On 20, 22 and 26 April 2022 the Tribunal received  written submissions plus supporting documents from the applicant. These documents were in response to a request from the Tribunal requesting further particulars from sponsors (in this case the mother and father of the applicant) concerning genuine access to funds. These documents included evidence of deposits (in the form of Certificates of Deposit) and historical transaction records held in the name of the sponsor (either mother or father) in two banks in India (State bank of India and Canara Bank) in aggregate amounting to INR28,00,000 (approximately AUD51,000) and a current COE showing enrolment in a Master level course in Business by coursework until 31 December 2023.

5. The Tribunal notes the applicant provided evidence he had already completed two degrees at undergraduate and postgraduate level in the same or similar fields to his proposed new course of study.

6. In evidence the applicant advised the Tribunal he was not enrolled in any course of study from March 2021 until July 2022.

7. 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

8. 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

   Mark Bishop

   Member