Maharjan (Migration)

[2021] AATA 905

Maharjan (Migration) [2021] AATA 905 (12 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Master Ronish Maharjan

CASE NUMBER:  2000830

HOME AFFAIRS REFERENCE(S):          BCC2019/6198380

MEMBER:Mark Bishop

DATE:12 March 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.500.214 of Schedule 2 to the Regulations

Statement made on 12 March 2021 at 12:43pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine access to funds – evidence of financial capacity – bank statements from banks in Australia – letter of Financial Support – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), 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 (the Act). The applicant applied for the visa on 22 November 2019. The delegate refused to grant the visa on 4 January 2020.

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

3. On 12 March 2021 the Tribunal received a copy of a current COE in the name of the applicant with a course completion date of 26 November 2021, written submission that addressed GAF, bank statements from banks in Australia in the name of his sponsor and brother and a letter of Financial Support that addressed relevant requirements of GAF. 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.500.214 of Schedule 2 to the Regulations

   Mark Bishop

   
   

   Member