Liu (Migration)

[2020] AATA 3847

Liu (Migration) [2020] AATA 3847 (8 September 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Dunmiao Liu

CASE NUMBER:  1919365

HOME AFFAIRS REFERENCE(S):          BCC2019/1291322

MEMBER:Vanessa Plain

DATE:8 September 2020

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.500.212(a) of Schedule 2 to the Regulations

Statement made on 08 September 2020 at 8:11am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – documentary evidence of study history, financial circumstances and business plan provided to tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 359(2)
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212

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 14 March 2019. The delegate refused to grant the visa on 27 June 2019.

2. The delegate made the decision on the basis that evidence of an explanation as to why a Bachelor of Engineering was not undertaken, a business plan for a proposed design studio, previous studies, explanation of study gap between June 2018 and March 2019, financial capacity and economic circumstances in China 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 appeared before the Tribunal on 4 September 2020 to give evidence and present arguments.  The hearing was conducted with the assistance of an interpreter in the English and Mandarin languages.  The applicant was represented by his registered migration agent.

4. At the hearing the Tribunal received certificates of title of land holdings, airline tickets covering the June 2018 and March 2019 period approximately, bank account statements, extensive business plan and design plans, statutory declaration, signed statement with annexures, academic documents, assignments from the Bachelor of Business degree and  359(2) response letter.  The Tribunal notes that the documentary evidence produced runs to approximately 200 pages. 

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

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.212(a) of Schedule 2 to the Regulations

   Vanessa Plain
   Member