Shamas (Migration)

[2018] AATA 5885

Shamas (Migration) [2018] AATA 5885 (18 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Waqar Shamas
Mrs Zainab Waqar

CASE NUMBER:  1717224

DIBP REFERENCE(S):  BCC2017/2113162

MEMBER:Tim Connellan

DATE AND TIME OF

ORAL DECISION AND REASONS:          18 December 2018 at 4:28 pm (VIC time)

DATE OF WRITTEN RECORD:                11 January 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the decisions under review with the direction that the applicant meets the following criteria for the grant of a (Subclass 500) student visa

·  cl. 500.214 of Schedule 2 to the Regulations

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Master of Commerce – Leadership and Management course – evidence of financial capacity provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth)
Migration Regulations 1994 (Cth), Schedule 2, cl 500.214

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Immigration on 21 July 2017 to refuse to grant the visa applicants Student (Temporary) (Class TU) Subclass 500 visas under the Migration Act 1958 (the Act).

2. At the hearing on 18 December 2018 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. MEMBER: Mr Shamas, to be eligible for the grant of student visa, applicants must satisfy a range of requirements set out in the regulations. 

4. You applied for a student visa on 15 June 2017.  Your application was refused on 21 July 2017 because you did not provide the required financial evidence that you were able to meet the financial capacity requirements. 

5. You appealed that decision to be reviewed by this Tribunal.  With a copy of your application you included a copy of the primary decision.

6. The situation is that you have provided evidence that since being in Australia you have completed a Master of Commerce majoring in accounting; you told me you have done a professional year and you have recently completed a Diploma of Leadership and Management; and you are enrolled to study an Advanced Diploma of Leadership and Management that is scheduled to run until January 2020.

7. You have provided financial evidence in the form of a bank statement from your father that shows that the bank has a closing balance of 4,133,124 Pakistani rupees, which is in excess of AU$40,000; and an affidavit of support from your father. 

8. I am satisfied from the financial evidence provided that you meet the financial capacity requirements and therefore satisfy clause 500.214.

9. The Tribunal does not grant visas, what we do is we review decisions of the department to refuse visas, but I will send your application back to the department with the direction that you do satisfy clause 500.214 and they will consider whether there is anything else they need to look at before granting you a student visa.

10. Do you understand what I've just told you?

11. MR SHAMAS:  Yes.  Thanks so much.

12. MEMBER:  Thank you, Mr Shamas. This decision was made at 4.28 pm on the 18^th of December 2018.

    DECISION

13. The Tribunal remits the decisions under review with the direction that the applicant meets the following criteria for the grant of a (Subclass 500) student visa

    ·  cl. 500.214 of Schedule 2 to the Regulations

    Tim Connellan
    Member