Kumar (Migration)

[2021] AATA 1734

Kumar (Migration) [2021] AATA 1734 (26 May 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Arvind Kumar

CASE NUMBER:  1930690

HOME AFFAIRS REFERENCE(S):          BCC2019/3663192

MEMBER:Mark Bishop

DATE:26 May 2021

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.500.311 of Schedule 2 to the Regulations

Statement made on 26 May 2021 at 11:22am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – member of family unit – applicant not member of primary applicant’s family unit at time of application – evidence provided to tribunal of becoming member of family unit 3 weeks after grant of primary applicant’s visa – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), r 2.07AF, Schedule 2, cl 500.311

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 24 July 2019. The delegate refused to grant the visa on 14 October 2019.

2. The delegate made the decision on the basis that evidence that the applicant was a member of Ms BHAWNA family unit at time of this application and was not declared as required by Regulation 2.07AF, then the applicant fails to satisfy clause 500.311.

3. On 21 and 24 May 2021 the Tribunal received additional information in the form of detailed written submissions and appropriate supporting documentation that demonstrated the applicant became member of the family unit (MOFU) of Ms Bhawana about 3 weeks after she was granted her student visa. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   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.500.311 of Schedule 2 to the Regulations

   Mark Bishop
   Member