Nguyen (Migration)

[2018] AATA 4702

Nguyen (Migration) [2018] AATA 4702 (8 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Ngoc Dung Nguyen
Mr Nguyen Hoang Phuc Bui

CASE NUMBER:  1721035

DIBP REFERENCE(S):  BCC2017/1021247

MEMBER:M. Edgoose

DATE:8 October 2018

PLACE OF DECISION:  Melbourne, Victoria

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.213 of Schedule 2 to the Regulations

The second named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.311 of Schedule 2 to the Regulations

Statement made on 08 October 2018 at 1:25pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language ability – satisfactory test results – decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cls 500.213, 500.311

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 15 March 2017. The delegate refused to grant the visas on 25 August 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 applicants appeared before the Tribunal on 15 August 2018 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Vietnamese and English languages.

4. The hearing was adjourned to give the review applicant an opportunity to complete the Pearson English Language test that had been booked for 3 October 2018 (AAT Folio 36). 

5. On 5 October 2018 the Tribunal received the results of the Pearson English language ability test (AAT Folio 59b) where the review applicant obtained an overall score of 44. 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

6. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.213 of Schedule 2 to the Regulations.

   The second named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.311 of Schedule 2 to the Regulations

   M. Edgoose
   Member