RAJWANT (Migration)

[2019] AATA 4760

RAJWANT (Migration) [2019] AATA 4760 (28 August 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms KAUR RAJWANT
Master Mehreen Kaur SANDHU
Mr Jugraj Singh SANDHU

CASE NUMBER:  1716646

DIBP REFERENCE(S):  BCC2017/1345885

MEMBER:Wendy Banfield

DATE:28 August 2019

PLACE OF DECISION:  Sydney

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.500.214 of Schedule 2 to the Regulations

The secondary applicants meet the following criteria for a Subclass 500 visa:

·cl.500.311 of Schedule 2 to the Regulations

Statement made on 28 August 2019 at 2:09pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – financial capacity – evidence provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cls 500.214, 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 11 April 2017. The delegate refused to grant the visas on 17 July 2017.

2. The delegate made the decision on the basis that evidence of genuine access to funds to meet the requirements of financial capacity was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 19 August 2019 the Tribunal received two Commonwealth Bank Statements in the name of the applicant dated 30 July 2019 indicating balances of $7,547.51 and $26,063.06 respectively. 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

4. 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.500.214 of Schedule 2 to the Regulations

   The secondary applicants meet the following criteria for a Subclass 500 visa:

   ·cl.500.311 of Schedule 2 to the Regulations

   Wendy Banfield
   Member