Pittu (Migration)

[2022] AATA 1855

Pittu (Migration) [2022] AATA 1855 (3 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Mani Kanta Reddy Pittu

REPRESENTATIVE:  Mrs Pooja Rawal (MARN: 2117645)

CASE NUMBER:  2202919

HOME AFFAIRS REFERENCE(S):          BCC2021/394526

MEMBER:Penelope Hunter

DATE:3 June 2022

PLACE OF DECISION:  Sydney

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 03 June 2022 at 12:39pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language requirements – required test result provided to tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), 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 12 March 2021. The delegate refused to grant the visa on 11 February 2022.

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. In response to a request for information to the applicant on 16 May 2022, the Tribunal received a Pearson Test of English Academic test result issued to the applicant with an overall score of 45, for a test taken 9 May 2022. This is above the minimum score of 42, as is required by the relevant legislative instrument; Migration (IMMI 18/015: English Language Tests and Evidence of Exemptions for Subclass 500 (Student) Visa) Instrument 2018, for the purposes of cl 500.213 of Schedule 2 to the Regulations. 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

   Penelope Hunter
   Member