Lacap (Migration)

[2018] AATA 5111

Lacap (Migration) [2018] AATA 5111 (4 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Aldrine-Jay Guintu Lacap

CASE NUMBER:  1813299

DIBP REFERENCE(S):  BCC2018/1180161

MEMBER:Stephen Conwell

DATE:4 September 2018

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.500.213 of Schedule 2 to the Regulations

Statement made on 04 September 2018 at 2:52pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – Subclass 500 (Student) visa – evidence of
English language ability provided– applicant complies with the relevant English language proficiency requirements– Decision under review remitted for reconsideration

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 applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 13 March 2018. The delegate refused to grant the visa on 19 April 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. On 26 August 2018 the Tribunal received evidence of the applicant’s IELTS test which he sat on 28 July 2018. His Overall Band Score of 5.5 meets the legislative requirements.  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.

   Stephen Conwell
   Member