Mollick (Migration)

[2024] AATA 2658

Mollick (Migration) [2024] AATA 2658 (24 June 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Diporno Mollick

REPRESENTATIVE:  Mr Nishant Sharma (MARN: 1568498)

CASE NUMBER:  2410977

HOME AFFAIRS REFERENCE(S):          BCC2024/241049

MEMBER:Wendy Banfield

DATE:24 June 2024

PLACE OF DECISION:  Canberra

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 24 June 2024 at 2:13pm

CATCHWORDS  
MIGRATION – Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – Tribunal received a copy of a Pearson PTE English Score Report in the name of the applicant – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360

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 Home Affairs to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 18 January 2024. The delegate refused to grant the visa on 4 May 2024.

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 (Cth) (the Regulations).

3. On 24 May 2024 the Tribunal received a copy of a Pearson PTE English Score Report in the name of the applicant. The report indicates the applicant achieved an overall score of 72. 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 500.213 of Schedule 2 to the Regulations

   Wendy Banfield
   Member