MOHAMMED (Migration)

[2019] AATA 4766

MOHAMMED (Migration) [2019] AATA 4766 (30 August 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  OSMAN UDDIN PASHA MOHAMMED

CASE NUMBER:  1733075

DIBP REFERENCE(S):  BCC2017/1035360

MEMBER:P. Wood

DATE:30 August 2019

PLACE OF DECISION:  Sydney

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 30 August 2019 at 9:03am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – English language proficiency – PTE report provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 15 March 2017. The delegate refused to grant the visa on 14 December 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 applicant has since provided the Tribunal with a copy of a PTE Academic Score Report dated 11 November 2017 with an overall score of 42. It is unclear why this report was not provided to delegate before 14 December 2017. In any event, in light of the 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