Le (Migration)

[2018] AATA 1148

Le (Migration) [2018] AATA 1148 (5 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Nhut Thien Le

CASE NUMBER:  1711708

DIBP REFERENCE(S):  BCC2016/4406947

MEMBER:P. Wood

DATE:5 April 2018

PLACE OF DECISION:  Melbourne, Victoria

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 05 April 2018 at 10:26am

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language requirements – Applicant provided the Tribunal a copy of IELTS test results – Satisfies cl 50.213

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2 cl 500.2013

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 30 December 2016. The delegate refused to grant the visa on 15 May 2017.

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 Tribunal since been provided with a copy of a IELTS test report evidencing an overall score of 5.5. 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

4. 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

   P. Wood
   Senior Member