Patel (Migration)

[2022] AATA 767

Patel (Migration) [2022] AATA 767 (15 March 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jaydipkumar Rajeshkumar Patel

REPRESENTATIVE:  Mr Sajjad Akbar (MARN: 1807950)

CASE NUMBER:  2118303

HOME AFFAIRS REFERENCE(S):          BCC2021/1602255

MEMBER:Mark Bishop

DATE:15 March 2022

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 500.213 of Schedule 2 to the Regulations

Statement made on 15 March 2022 at 11:19am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language requirement – applicant currently enrolled in an English course – PTE Certificate provided upon review – 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 August 2021. The delegate refused to grant the visa on 15 November 2021.

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 15 March 2022 the Tribunal received new information in the form of a current PTE Certificate in the name of the applicant showing a score of 37 plus a current COE in an10 week English course. 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

   Mark Bishop
   Member