Nguyen (Migration) - [2019] AATA 4740

Nguyen (Migration) [2019] AATA 4740 (21 October 2019)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT:  Mr Van Giau Nguyen
CASE NUMBER:  1808743
DIBP REFERENCE(S):  BCC2018/226591
MEMBER:M. Edgoose
DATE:21 October 2019
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 21 October 2019 at 1:53pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – no evidence of genuine access to sufficient funds provided to delegate – evidence of access to funds provided to Tribunal – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.214
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

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 January 2018. The delegate refused to grant the visa on 8 March 2018.
The delegate made the decision on the basis that evidence of adequate genuine access to funds was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).
The applicant has since provided the Tribunal with documentation evidencing that he now has adequate genuine access to funds and a Confirmation of Enrolment for a Bachelor of Tourism and Hospitality Management.
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
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
M. Edgoose
Member

Details

AGLC: Nguyen (Migration) [2019] AATA 4740
Case: [2019] AATA 4740
Decision Date: 21 October 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, Ms. Nguyen, sought review of a delegate's decision to refuse her visa application. The core of the dispute concerned whether Ms. Nguyen had provided sufficient evidence of genuine access to sufficient funds as required by the relevant visa criteria.

The Tribunal was required to determine whether the applicant had satisfied the criterion relating to genuine access to sufficient funds for the Subclass 500 visa. This involved assessing the evidence presented by Ms. Nguyen in support of her financial capacity.

The Tribunal's reasoning focused on new evidence that had been provided to it, which had not been before the original decision-maker. In light of this new evidence, the Tribunal was satisfied that the criterion regarding access to funds was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be taken to meet the criterion specified in cl.500.214 of Schedule 2 to the Regulations.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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 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 RegulationsM. EdgooseMember

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.