Sekhon (Migration)

[2019] AATA 5226

Sekhon (Migration) [2019] AATA 5226 (30 August 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Ramandeep Kaur Sekhon
Mr Jasvinder Singh Sekhon

CASE NUMBER:  1910407

DIBP REFERENCE(S):  BCC2018/5723502

MEMBER:Stephen Witts

DATE:30 August 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 30 August 2019 at 3:52pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language proficiency – IELTS test report – completed relevant packaged ELICOS course – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
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 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 19 December 2018. The delegate refused to grant the visas on 9 April 2019.

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 applicant has now provided an IELTS report form dated 27 April 2019 demonstrating that the applicant has a score of 4.5. The applicant has also demonstrated that she has completed a relevant packaged ELICOS course. As such she has met the minimum English language test requirement. 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 regard to the secondary applicant the Tribunal finds that he is a member of a family unit of a person who satisfies the primary criteria.

   DECISION

5. 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

   Stephen Witts
   Member