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

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 January 2018. The delegate refused to grant the visa on 8 March 2018.

2. 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).

3. 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. 

4. 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

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

   M. Edgoose
   Member